Port Augusta Waterworks Act 1864 (SA)

ANNO VICESIMO SEPTIMO ET VICESIMO OCTAVO

No. 4.

[Assented to, 3rd November, 1864.1

'REAS it is expedient to amend ''The Port Augusta Preamble*

W"" Waterworks Act, 1862," and to make provision for t l ie,

supply of Presli 7JTntcr to tlie Township of Btirli~ig and other places

on t'rlc linc of' main of the Port Augusta Waterworks-Be it there-

fore Enacted by the Governor-in-Chief of the Provi~ce of South

Austridia, with 'the advico and consent of the Legislative Council and IIouse of Assembly of the said Province, in this present Par-

liarnent asseiilbled, ns follows:

1. This Act 111 ay be cited for all purposes as the Port Augusta Short title.

W,zterworlis Amendment Act, 1864."

2. Thc Pcwt Sugostz TYaterworlis Act, 1862, shall be iwor- Incorporation of the

porated with this Act, and shall be read and construed herewith as ~ k $ ~ ~ ~ ~ ~ t w.

fbrmiug onc Act.

3. The Commissioner of Public Works may, from time to time, Commissioner of Public Works may

appoint 2nd employ such manager and other officers, for tlie pur-	ofice,.
poses of tllis Act, as to him may Reem meet; and may also, in his discretion, fro111 time to timc, dismiss and discharge such officers, or

ally of them, ar~d appoiut otl~ers in their place.

4. The Coinmissioner may, from time to time in his discretion, commi~ioner erect stand pipes at

erect one or wore stand or delivery pipes at or near to Port Augusta, r,,t Augwta,

the said Township of Stirling, nud other places on tlie liue of the 8t1r1ingjmd o""	places.
said main, for the purpose of supplying water from the said water-

works. 5. The

27% 28"ICTORl[lzE, No. 4.

Port Augusta Wutenomks Amendment Act.-1 864.

Commieeioner may

5. The said Comnlissioner may affix to each of such stand or delivery pipes such meter or meters as may be necessary for ascertaining the quantity of water supplied from such waterworks through each of such stand or delivery pipes respectively

pipea

Commieaioner may

invite tenders for

6. .The Conmissioner may, from time to time by notice to be published in the Government Gazette, iiivite tenders from persons willing to lease one or more of such staid or delivery pipes; and such notice shall state the maximum sum at per one thousalid gallons, which the lessee is to be elltitled to demand for any

leasing stmd

water to be supplied from such stantl or delivery pipes to any

person requiring the same; and geucrally the terms and conditions

on which the lease is to be grttnted.

Conmissioner may 7. After the date fixed for receiving such tenders, the Cozmiis- V

grant lease for an?	pe~odnoterceeding sioner may grant a lease, of any one or more of such stand or
two years. delivery pipes, with such quantity of land ilr connection t l~oreni t l~

as he m y consider necessary, to Jne or rnore'of the persons tederit g

for any period not exceedi& two y e w s: l'rovidcd tlmt the Conl- missioner shall not be obliged to grant such lease t,o any of the persons so tendering, aud may in his discretion call for fresh tenders.

~f no tendera, stand pipes may be lot to 8. If no tenders be received ill accordance with such notice, ,ckpmnIb~m. or to the satisfaction of the Commissioner, the Connniissioncr may

miwnermay seem in his discretion let the snid stancl or delivery pipes, or any of' meet,

them, for a period of one year, by private contract, to such person or persons a ~ d upon such t e r i i ~ as to hi111 mxy scclii fit: 1'1'0- vided, that the rur.xirnunl sum to he cllnrged by t h lessee for sup- plying water shall in no cnsc bc more tlrau that mentioned ill the notice inviting tenders.

Cemmisaionar to keep 9. The Commissioner shall provide and keep a snfficicut supply

constant supply of

water laid on.

of fresh water for such stand or delivery pipes, for the use of tlk

inhabitants of Port Augustn, tilt: said 'Township of Stirliug, aucl otllcl*

places, wlm shall be entitled to de~nancl a supply fi.0~1 tire lessee

or person to whom the snid stand or delivery p i p, or any part thereof, shall be let, on payrmnt for tl:c sawe as lierctinbefore menti~ned; aud such supply sllail bc constantly laid on, LI&S~: prevented by drought or ot.her unavoidable accident, or daring llecessary repairs.

S

more t5an sum fixed

not 0 g 10. Any lessee, or pcrson to 15-horn the said stand or delivery

by notice.	pipes, or any part tliercof, &all Lc let, slid1 be entitled to ul:ilio such charges for the water to be supplird by him a t mcii bbnd or delivery pipes, to persons requiring tllc snnic as llc slinll thillli fit: Provided, &at such cliargcs do not escecct the mnximoni sum
to be fixed in the notice cnlliug for tenders ns aforesnicl,.

R.~W t~ tspublioly 11. Every lessee, or person to whom tlw said staid or delivery

ezhibited, ipes, or any part thereof, shall be let, shall exhibit a board with a

kst of the rates authorized to be levied printed or painted thereon,

in

27" & 28" VICTORIB, No. 4.

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Port Augssstu W&mmrks Amendnzent Act,-1864.

in words and figures of two inches iu length, in some conspicuo~~s

situation nd,jacent to the stand pipe.

13. Any person sliall be entitled to bc supplied by-any lessee ers sons entitled to water from stand

or person to whom tho said staud or delivery pipes, or any part on paying for

thereof shall be let,, with water at the said st,aild or delivery pipes the same. U & I

between the hours of five o'clock in thc morning and eight o'clock iu the eveniiig, on paying or tci~dcriiig the sum so fixed as aforesaid.

13. If ally lessee, or person to whom the said stand or delivery Penalty on lessee for taking greater rrito

pipes, or ally portion thereof, slid1 be let, either by himself, or any nn thlt to which he

servant or agent, s l d take from any person for any water supplied is entitled, or refusing to o up ply persons

to him, a t any of such stand or dclivmy pipes, a greater s l m than ~ ~ a t e r.

such lessee or person to whom the s:~id stand or delivery pipes, or any p1.t thereof, shall be let, is legally aut.l~orizet1 to cleulaad; or

shall on dcm,zncl refuse to supply any persoli with water at such

staid or delivery pipes, or s l d l ikil to exhibit the rates he is entitlcd to charge under c1:lusc 10 of' this Act'. 11c shall for cvcry sucll offence forfeit a slum of not less tllall One Pound nor more than

Fivc Youuds: and the lease or agrccnient-, as the case may be, shall,

if the Con~niissioiicr tllidc fit, becon~c null and void: Provided that no lessec, or person to whom the said stand or delivery pipes, or any part tlwrcof shall be let, shdl be obliged to supply water in quantities less that1 thirty-six gallons.

14. Every lessee or person t o whom the said stand or delivery P C I M I ~ ~ for dcstroging

pipes, or m y part thereof, shall be let, who eball wilfully or carelessly	va'vcs3
break, or injure ariy n!ctcr, locli, cock, valve, pipe, work, or enminc

conliected 6i th the said W;~terwurlrs, or H!IRII flush or draw ofi the ?

water fro111 the reservoirs, or other VOY~CS, of tllc Colimissioricr, or shnll do auy other wilful act wllcreby snch water shall bc wasted, shall forfeit for every such offence, n sum not exceeding five Pounds, besides ilic amciunt bf d a m p which may accrue to the Conmissioucr by rrasoll thereof.

15. Every person ~ 1 1 0 ~1~111 coimliit R~IY of the offences ~ e x t Penaltics for fouling

Iwminafter eimmer*ated, sllsll, for every such offence, forfeit to the Water.

Conmissioner n snin not exceeding Fivc Pouilils, that is to say-

Every person who sllall bathe in any stream, reservoir, aque-

duct, or other waterworks belondng to the Commissioner,

OP any waters supplying or flowlog iuto the same, or any

part tllereof, or wash, throw, or cause to enter tllereiu any

dog or other ani1na.1:

Every person wlm &all throw m y rubbish, dust, filt11, or other iioisoinc thing into any such stream, reservoir, aqueduct, or other witterworks, or any waters supplying or flowing into the same, or any part thereof, ns aforesaid, or wash or cleanse therein any lead or other mineral, or any cloth, wool, leather, or skin of any animal, or any other thing:

Every person who shall causc the water of any sink, sewer, or

drain,

27" & 28" VLCTORIIZE, No. 4.

Port Augustu Waterworks Amendment Act.--1864. p- p

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dmin, steam-engine, boiler: or other filthy water belonging to him or under his coutrol, to ruu or be brought into aay stream, reservoir, aquednct, or other waterworks belong- ing to the Commissioner, or

flowing iuto the same, or any part

act wl~creby	the supply of water to the
be fouled:

And every such person shnll forfeit n further sum of Twenty Sh i lh~gs for each day, if more h 1 1 one, t h t such last-mentioned

offence sllall be continued.

Lesaoe wilfully

damaging meter to	16. Any lessee or other person-to whom the said stand OY delivery pipes, or my part thereof, shall be let, who shall wilfully break or in- jure any such stand or delivery pipes, or :neter, or any works connected therewith, or shall in any way put back or interfere witIll any such meter, so as to render the same ir, any way less fitted for ascer-
pay penalty.
taining the true quantity of naler suppli& from such stand or
delivery pipes, shall for every such olfence forfeit ,z sum of uot less than 'I'm PGLIIIC~S, 11or mdre tliau Fifty Pounds, besides any
sums which may have been expendcd by tho Commissioncr in re-
pairing the same.
Commissioncr may
entcr and inspect con-	17. The Commissioncr, or any & h a g e r or other. of his oficers, may at all timcs eiitcr upon any premises, to bc dcmised or let as aforesaid, on which anr stand or delivery pipc is erected to inspect
dition of stand pipee.
the state and couditiol; thereof.
Power to remove

lessee. 18. In case any lessee or person to whom the said stand or delivery

pipes, or any part thereof, s l d l be let, shall neglect or refuse to per-

form the terms acd conditions on which any such stand or delivery pipe shall be demised or let, or in case the rent or suul of inouey agreed to be paid by such lessee, or person as af'oresnid, shall be in arreer for the space of t l. i~t~y days next after nuy of the days 013 which t l ~ same ought to be paid pursuant to tlie tc~rms of' the

lease or agreement, as the case luny be, or in case any ~ t d l lease OF

agrecn~ent shall in any manner bccoine void, tllm and in any of such

cases it shall bc lawf~ll for any Justice of tllc Pcace, by ,y~nr.milt undcr

his hand, to order a coi~stable or other p a c e officer, with such assist- ance as may be necessary, to kilter upon and take possession of such

sttlrld or delivery pipe and tile buildings and appurtenances thereto

belongi~ing, and to wn~ove aud put out such lessee, or other persons wlio s l d l be found thereio, together with tlicir goods, out of arid from the possessioii of the said staud or delivery pipe, buildil~gs,

and qpurtenances, and to put the said Commissioner, or his otlicer, or other persons authorized, acting by or ul~der his autliority, into the possessioii thereof'; and tlierenpon it shnll bc Inwfid for the said Comi~iissioner, if he sllnll tliiiik fit, to vacate ancl determine

tlle lease or agrcenleut granted or entered iuto as aforesaid, nud

the same s l d be from that tinle utterly void fo all iiitents aud

purposes (save as to the covenants or agreements - for payment

UP

27" & 2Bn VICTORIB, No. 4.

Port Auyusta Waterworks Amendment Act.-1364.

up to that time of the rents or sums of money thereby reserved,

or other covenants or agreements on the part of the lessee or

other person to be perfornled), as if such leasc or agreement had never been made, and it shall be lawful for the said Com- missioner, in every such case, to let any such stand or delivery pipe again to any other person, as if no former demise, contract,

or agreement had bee11 iliade relative tlwreto, any rule of law or

right to the contrary notwithstandii~g.

! 9. The commissioner shnll, in each year, cause an account in Annual ncco~nt to be

made up by Commis-

,ioner, ,hUb~i8h,n the thirty-first day of Decembw in each year followiug, he published in the Goz:emment Gncctie.

abstract to he prepared of tlie whole receipt and expenditure o f all

moneys advanced to him, aud of a11 moneys received by him in Gazette.

under the provisions of this Act, for the year preceding, under the

several distinct lieads of receipt and exp<nditnre, with a stittclnent

of the balance of such account, duly audited mld certified by the

20. All moneys received by the (~oinmissioner, under the pro- Net proceeds of rates to be paid to Trea-

visions of this Act, after dedl&ng the necessary costs and c h a r ~ e s ,,,,

of and xttei~ding the collection of tlls snmr, and also of the m a n - tenance of the said nndertakine, and of keeping up the supply of water, shall be paid by the &id Cornrnissionei~ to the Treasurer to bc applied to the payment of tlie capital and interest in respect of the moneys raised for the constructioil of the said waterwcrks.

2 1. In all cases where any pei~slty is imposed, or any chnaf;cs, R e c o v e ~ o f pcnaltiee

not otherwise pro-

costs, or cxpenscs are by this Act directed t o he paid, and the rncthad	~ i d e d	for.
of ascertaining the amount or enforcing the paynicnt thereof is not
provided for, mch amount., in case of dispte, shall be ascertained, determined, and recovered in s summary way by and before two Justices of the Peace,

22. All fines and penalties, levied or rccovcred under this Act, Dis~osalofpcnaltics.

sl~all he paid to the Treasurer on b d d f of Her Majesty, lIcr heirs, and successors for tlln public uses of the said Province, and in support of the Government thereof.

23. If any person sliall have eonmlitted any irregularity, trespass, or other wrongful proceeding in execution of' this Act, o r by virtue of any power or authority liereby given, and if, before acticn brought in respect thereof, such person make tender of sufficient amends to the person injured, such last-mentioned person shall not recover in any such action; and if no such tender have been made, the defendant may, by leave of the Court where such action is pending, at any time before issue joined, pay iuto Court such sum	Of
of money as he thinks fit, and thereupon such proceedings shnll he had as in otllcr cases where defendants are allowed to pay m o n q
k t o Court.

24, All

M. 27" & 28" VICTORIB, No. 4.

C C

Purt Azcgzcsta Waterworks Amendment Act-1 864.

be to proceedingr

agaisst personcl acting	24, A 1 actions and prosecutions to be commenced against any meneed with& six&lendar nlontbs after the fact wascommitted, and
under this A C ~.	person for alzvthine: done in nursuance of this Act shall be com-
*
Notice of action.	not otherwise, and notice in writing of su,ch action, and the cause thereof: shall be given to the defendant one calendar month at least
General issue.	before the comlxlencemeut of such action; and in any such action the defendant may plead the general issue, and give this Act and
Tender of amends.	the special matter in evidence at any trid thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends ;hall have been made bef&e such action brought, or if a sufficient
sum of money shall have been paid into Court after swh action
brought by or on behalf of the defeudant, together with thc costs incurred LIP to that time; and if a verdict shall pass for the defen- dant, or h e plaintiff become non-suited, or diCcontiuue any such action on issue joined, or if upon demurrer, or otherwise, judgment
shall be givon against thc ~laintiff, the defendant shall recover his
full costs as between attorney and client, and have the like remedy for the same as any defendant hilth by law in other cases, and though a verdict shall be giveu 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 the action, and of the verdict obtained thereupon.
plaintiff.

Wdsmaatbeagainst 25. There shall be an appeal from any order of Justices of the

Peace under the provision of this Act, and from any order of Justices dismissing m information laid under this Act, Ghich appeal shall be in manner provided fur appeals to T,ocal Courts by an Act of the Governor and Legislative Council, No. 6 of 1550, To facilitate the performance of the duties of Justices of the Peace out of Sessions, with respect to summary convictions and orders," or in

Appeal. such manner ss may be provided by any Act hereafter to be in force for regulating such appeals; and no conviction or order of Justices slzall be rernoved by czrtiorari or otherwise into the Su- preme Court. In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

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Addnidc!: Printed by suthority, by W. C. Cox, Government Printer, Yictoria-square.