Port Adelaide Waterworks Act 1870 (SA)

ANNO TRICESIMO TERTIO ET TRICESIMO QUARTO

No. 15.

Art, Act to provide ,for the W n t e r 8upply of the Suburbs fl Port

Adelaide.

[Assented to, 13th January, 1871.1

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

introducing a supply of pure water for the use of the inhabitants of the Suburbs of Port Adelaide, and for raising the necessary funds for the said purpose in inanner hereinafter men- tioned: And whereas n plan, showing the Districts which it is proposed to supply, has been deposited in the oflice of the Surveyor- General-Be it therefore Enacted by the Govcrnor of the Province of South Austrdin, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited and referred to for a11 purposes, as Short title of A C ~.

"The Port Adelaide Suburban TVaterworlrs Act, 1870-7 1 ."

2. Clause 9 of " The Port Adelaide Waterworks Act, 1863," is Repeal.

hereby repealed.

3. This Act and "The Port Adelaide Waterworks Act, 1863," Incor~oration.

shall be incorporated and read togethcr as forming one Act.

4. I n the construction of this Act and of the said The Port Interpretation.

Adelaide Waterworks Act, 1863," when not inconsistent with the context, the expression " The undertaking " shall, in addition to the meaning assigned thereto by the said ' The Port Adelaide Water- works Act, 1863," bc taken to mean and include the Waterworks and the works connected therewith hereby authorized to be con- structed; and the expression " Lands and streams " shall, in addition

U to

33" & 34" VICTORIZE, h'o. 15.

Port Adelaide Suburban Waterworks Act.-1870-7 1.

to the meaning assigned thereto by the said Act, be held to mean and include the lands and streams of water hereby authorized to bc taken or used for the purposes hereof; and whenever in the said Act the expression " The Watcr+orks" is used, the same shall also be taken to mean and include the waterworks and works connected therewith hereby authorized to be constructed.

Treasurer to raise

126,000. 5. I t shall be lawful for the Treasurer, for the time being, of the

said Province, from time to time, to issue bonds, not exceeding in the whole the sum of Twenty-six Thousand Pounds, for such amounts as he may deem expedient, and such bonds shall be in the form following, that is to say-

Form of bond. NO. &@ NO.

South Australian Government Securities.

I, the Tressurcr of the Province of South Australia, in

consideration of the sum of Pounds paid to me for public purposes, do hereby bind mysclf' to pay to the holder for the time being of this present obligation the sum of Pounds, and interest thereon after the rate of five per cent. per annurn; such interest to be payable on the first day of January and the first dav of July in every year, and the principal to be paid on the first

day of	,	in the year one thousand
hundred and

Sealed with my seal- Dated the day of

one thousand eight hundred and

Signed, scaled and delivered, in

the presence of

NOTE.-Interest und Principal payable at the Treasury in agreed place to be declared at thc time of issuc at such place as may bc appointed, by notice to be given in the	Adelaide, South Australia [or in London, or in any other
South Australian Government Gazette and in the London
Gazette].

Bonds to bear interest 6, The said bonds shall bear interest at the rate of Five Pounds

at five per cent.	per centum per annum, and the interest and 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
When payable.	the principal shall hot be payable or paid before the expiration of twenty-five years, and the time appointed for payment thereof shdl
not extend beyond fifty gears.
Money raised by	7. All sums of money raised and received by the Treasurer upon the security af the said bonds shall be carried by the said Treasurer to the credit of the Commissioner, for the construction, completion,
bonds, how applied.

and

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Port Adclride Suburban Waterworks Act.1870-7 1.

and managemelit of the said suburban waterworks, and other works connected therewith, for the supply of water to the districts deli- neated in the said plan so deposited in the office of the Survdyor- General, and described in the Schedule hereto marked A, and shall be by him paid to the said Commissioner, i11 such amount and man- ner as thc Governor, by any warrant under his hand, may from time to time authorize and direct.

8. The said Treasurer shall, and is hereby required, in each and sums to be set apart

every year from the first raising of any sunk of money under the ~ ~ f " ~ ~ $ $ ~ ~ $ ~ ~	authority hereof, until the wholc of the amounts so raised. and all terest.
interest \hereon,' shall have been duly paid, to set apart su& sum ns shall suffice to pay the amount of bonds redeemable during such year, together with interest upon all bonds which shall then bear interest, and shall apply such sums in paymcnt of such bonds and interest as aforesaid, in manner specified in such bonds.

9. The Goverilor may, from time to time, by warrant under his Governor m s ~ ad-

vance moneys, to be

hand, authorize the Treasurer to advance and pay to the said rcaaia. A

m Commissioner, for the purposes of this Act, any sumsof money not exceeding in the whole the sum herein authorized to be raised; and any sums of rrloncy so advanced and paid s M l be retained by the Treasurer out of any moneys raised by him under authority hercof.

10. The Commissioner shall in each year cause an account in Annual account to be made up by Commis-

abstract to be prepa~cd of the whole rcccipt and cspenchre of all ,ioner, , a

distinct heads of receipt and expenditure, with a statement of the

balance of' such account, cluly audited and certified by the Auditor-

moneys advanccd to him, for the year preceding, under the several in a ~ l ~ ~ + first day of December, in each year following, be publiehed in the

South Austmliun Governmen t Gazette.

11. A full and sufficient supply of water shall bc afforded to the Water for streets and Corporation buildings

Corporation of the Town of Port Adelaide, for the purpose of ~,,,,~,~a,,,. watering the streets of the said Town, and to all the buildings and establishvents of the said Corporation, free of charge.

12. The said ." The Port Adelaide Waterworks Act, 1863" shall ~ ~ ~ ~ l " , ~ b ~ ~ ~ ~

be read as if the works herebv authorized to be constructed had struedherewith.

been thereby authorized to be constructed, and all powers, autho-

rities, and discretions thereby given to the Commissioner, or other

person, shall extend to the works hercby authorized to be constructed.

13. The Commissioner shall, on such days as shall be respectively fixed in that behalf, by notice in the 80utlrL Australian Govermnent	Power of Commis-
Gazette, and every year thereaftcr, make and bring into force an
assessment of any lands within the districts in the said Schedule hereto, marked A, described, not being the property of the Crown, according to the full, fair, and avera e estimated annual value of
in a book, specifying inwdifferent columns the names of the re-	the same, clear of all outeoings, and t e assessment shall be written f

spective

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Port Adelaide Suburban Waterworks Act.-1870-7 1.

spective occupiers and owners, or agents of owners, so far as the same can be ascertained, the estimated annual value of the several lands, and a description of the same, showing which of the said lands are vacant lands, and all the provisions in the said "The Port Adelaide Waterworks Act, 1863," in relation to the assessment thereby authorized to be made, shall apply to the assessment hereby authorized to be made (so far as the same are applicable thereto), as fully and effectually as if the assessment hereby authorized to be made had been authorized to be made by the said Act.

Pmvisiona of Port 14.

Al l the provisions of the said "The Port Adelaide Waterworks expenditure, penalties, fire plugs, and all other provisions of the said Act (and the form in the Schedules to the said, altered as may be required) shall apply to the undertaking hereby authorized (so far as the same are applicable thereto) as fully and effectually as if the said undertalring had been authorized by the said Act.

Adelaide Vaterworks

A G ~, 1863, to cztcnd Act, 1863,'' in reference to rates, procedure, accounts of receipt and

to this A C ~.

Governor in

may make by-laws.

15. For the better enforcing the observance of all or any of the

provisions of this Act, or of The Port Adelaide Waterworks Act,

1863," it shall be lawfnl for the Governor, with tlle advice and con-

sent of the Executive Council, from time to time, to make by-laws, and from time to time to repeal or alter such by-laws; and every person offending against any such by-laws shall forfeit and pay for every such offence such sum, not exceeding Ten Pounds, as may be by any such bylaws imposed; and any such fine or penalty may be recovered in a summary way, by and before two Justices of the Pcace for the said ~rovibce, $ the same manner as if the same had

been imposed by this Act or by The Port Adelaide Waterworlrs

Act, 1863."

Proof of b y - h e. 16. The production of a printed paper, purporting to be a 80uth

Australian Government Gazette, shall be primd jacie evidence that

provisions hereof, have been so made. any such by-laws printed therein, purporting to be made under the In the name and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

SCHEDULE

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Port Adelaide Subzcrban JVaterworks Act.1870-71.

Port Boad.

Bounded on the north-east by the south-western boundaries of Preliminary Sections 370, 371, 374, 3'15, 3'76, 387, 388, 397, 398, 405, 406, 407, 419,420, 423, Sections 454a, 2300a, 699, Hundred of Yatala, and Section '104 Hundred of Port Adelaide; and on the south-west by the no~th-eastern boundaries of Preliminary Sections 353, 372, 373, 389, 394, 395, 396, 408, 409, 417, 418, 424, 443, eastern boundary of Section 1129, Hundred of Yatsln, and eastern and north-eastern boundary of Section 1130, Hundreds of Yatala and Port Adelaide,

Tozunship of' A16erlon.

Commencing a t the south corner of Preliminary Section 423, Hundred of Yatala; thence north-easterly, along the south-eastern boundary of said Section and ite production, across the road to thc south-wedern boundary of Preliminary Section 422; thence north-westerly along said boundary to a point opposite the north corner of Section 454; thence south-westerly and south-easterly, along the north- western and south-western boundaries of said Section to its south corner; thence south-westerly and south-easterly, along the south-eastern boundary of Section 4 5 4 ~,

and south-western boundary of Preliminary Section 423, to the south corner of said

Section, the point of commencement.

Queens town.

Bounded, on the north-east, by the south-west side of the Port Road; on the south-west, by the north-eastern side of the Old Port Road; and, on the north-west, by the north-western boundary of 'Yreliminary Section 443.

Port Land Estate.

Commencing at the 8outh-eastern corner of Section 1128; thence, n~rt~herly, along

the eastern boundaries of Section 1128 and 1131 to the north corner of the latter Section; thence, north-easterly, along the northqwestern boundary of 1130, to the western side of the Port Road; thence, southerly, along the west side of said road to the north-corner of Queenstown; thence, south- westerly, along the north-western boundary of Queenstown to the south-eastern corner of Section 1 128, the point of

commencement.

District of Glancille and Towfish+ of X e m a p h e.

Bounded on western side by sea-coast; on eastern side by western side of the Port Adelaide Creek; on southern side by the northern boundary line of Section 1006; on northern side by the northern boundary lines of Sections 1055, 11 14, 11 11, 1105, and 1107,

District of Kingston-on-Hill and .Rosewater.

Bounded on the northern side by the Port Adelaide and Dry Creek Railway; on western side and south-west by the Adelaide and Port Adelaide Railway; on east by eastern boundary lines of Sections 1185, 1189, 422, and 423.

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Adelaide: By authority, W. C. Cox, Government Printer, North-terraoe.

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