Renmark Irrigation Settlement Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO E%' QUINQUAGESIMO

SEPTIMO

A.D. 1893.

No. 578.

An Act relating to the Renmark Irrigation Settlement.

[Asse~ t ed to, Decc~nber 23&, 1893.1

E it Enactcd by the Govel.llor of the Province of South Bus- Preamble.

and House of Assembly of the said povincc, in this present Parlia-	B tralia, with the itdvice and consent of the Legislative Council
ment assembled, as follows:

PART I.

PRELIMINARY.

1. This Act may be cited as '' The Renmark Irrigation Trusts short title^^^&^;.

Act, 1893," and is divided into parts, as follows- sion.

PART I. Preliminary:

PAET 11. Constitution of Trusts and Districts:

PART 111. Members, Auditors, and ]Elections:

PART I V. Rfeeti~igs of the Trust:

PART V. General Purposes and Powers of the 'l'rust:

PART V I, Assessments:

PART V I I Rates:

P ~ R T vm. Ratepayers' Rfcctings and Polls:

PART TX. Legal Proceedings <,; Penalties; Evidence.

h-- 678 20 m

56' & 5 7 O VICTORIA%, No. 578.

The Renmwrk Irrigation Trusts Act.-189 3.

PART I. 2. In this Act the fullowing expressicns shall have thc meanings

Interpretation.

by this section assigned to them, cxcept where any such meaning is

inconsistent with the context or subject-matter--

" Business day "-Any day not being a Sunday, Good Friday,

Christmas Day, or pitblic or hank holiday:

" Chaffey Brothers, Limited," includes persons lawfully claiming through Chafftty Brothers, Limited:

'' District "--A district constituted by or nnder this Act:

" Irrigatior, area "--Thc arm of land for the time being compri~ed

in any licence or licences granted by or on bchalf of Her Majesty's Govcrllmmt of South Australia under the

~ h Brothers Act: ~ ~ e ~

'' Irrigation works "-All water-courses, machinery, and other

propcrty and improvcmcnts constructed or brought upon or established in coimec ti on with the irrigation area. and for irrigation purposes:

'L Justice "-A Justice of the Peace for the province:

L' Member " A member of a Trust:

" Minister "--The Comnlissioner of Public Works:

" Outlying district-A portion of the irrigation area nct for the

time being included in a district:

" Owner " as rcgards land includcs the person for the time being receiving or entitled to recei~~e the rents and profits of a,ny ratable land, whether on his own account or as trustee, attorney, or agent for another, and as to ratable lard set apart under clause 18 of the Chaffev Brothers agreement includes the Crown or any person liolding on behalf of the Crown:

& ' Public noticeu-Notice given by advertisement in a newspaper

circulating in the district and by posting handbills on every post office a d on every other place in the district appointed by the Trust as a place for posting notices:

" Ratable land "--All land within a district and available for ilrigated cn1tul.e under the system of irrigation works for thc time being established for the service of land in the district (excluding land set apart undcr clause 18 of thc Chaffey Brothers agreement ) except township allotments, and except lands up to five thousand acres, which, being open for sale to any applicant at a price not more than the standard price fixed u d e r the next succeeding section, have not been sold or otherwise disposcd of, or agreed to be sold or otherwise disposed of, and which are not actually under irrigated culturc:

'' IEate."

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The Ketzmnrk Irriyatior~ Trusl's Act -1893.

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L- PART. I.

Ratem-A rate declared under the powers given by this Act:

" Ratepayer"-The owner or occupier of ratable land or the

owner of unoccupied ratable land, ant1 whose name appears

in the assessment book in respect of such land:

CLSccretztry "---The secretary of st Trust appointed under this Act:

The Chaffey Brothers Act The Chaffey Br~thers Irrigation

Works Act, l887 ":

l' The Chaffey Brothers agreement "-The agreement referred to

in " The Chaffey Brothers Irrigatio~l Worlrs Act, 1887 ":

Township allotments "-Land laid out as township allotments

whereof a sub-division plan shall, with the consent under seal of Chaffey Brothers, Liinitcd, have been lodged in the T,ands Titles Registration Office, pursuant to The Real Property Act, 1886," and any ,4ct arnending t,he same:

Trust "--A Renmark Irrigation Trust constituted by or under

this Act.

3, For the purpose of determining the standard price of land-	selling plices of unsold lands of
chRffey roth hers,

(1) Chaffey Brothers, Limited, shall, within thirty days after the commencement of this Act, as to all unsold lands, other than township allotments, belonging to them ancl included in any grant heretofore issued by tlie Crown purs~lant to, or which purports to have been issned pursuant to, the Chaffey Brothers Act, fix prices a t which they are prepared to be fixed.

to sell the same with the appurtenant water rights by

giving writtell notice of' such prices, together with a plan or description of the lands, to the 'l'rust, and publishing the same in the Gorernme?tt Gnzette. If ChaEey Brothers, Limited, slid1 make default in cu1111)lying with this sub- section they shall tle g d t y of un offonce against this Act

on cvery day during which such tlcfault continues.

(2) Chaffey Brothers, Limited: shall, bcfure selling or otherwise disposing of, or agreeing to sell or otherwise ('Lispnse of, any lands in the irrig;~tion area other than those in sub- section 1 of' this section mentionrtl, ilnd other than town- ship allotnmlts, from time to tiinc fix the prices a t which they are prepared to sell the same with the appurtenant water rights by the like written notice and plan or description and the like publication as is in sub-section l of this section mentioned. If Chaffey Brothers, Limited, sell or otherwise dispose of, or agree to sell or otherwise dispose of, any land without Iiaving complied with the provisions of this sub-section and siib-section 3, so far as regards such land, they shall for every such sale, disposi- tion, or agreement, be guilty of an offence against this Act.

(3) Any notice under sub-section 2 of this section shall comprise not less than two hundred and fifty acres. (4) On

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The 12e~zmco.k Iwiqatio~t Trusts Act.-1893.

PART I. (4) On proof to the satisfaction of the 'Trust that any land com- * prised in any notice undel- sub-section 1 or 2 of this sec- tion is withhkld from sale at the price fixed by such notice, plus a rcasonablc sum in respect of improvements efl'ectecl on si~ch land after the ~~ubl i&ion of the notice, or that such price is higher than it ought to be, the Trust may declare the land so withheld to be ratable land, and shall cause notice of such dc?cla~at,ion, with a descriptiou of the land so withheld, to be given to ('haEey Brothers, Limited, and published in the Gouernmen t Gazette, and the land so withheld shall thereupon, subject to sub-section

5 of this section, become and bc ratable land.

(5) If Chaff'ey Brothers, TirnitetX, shall be dissatisfied with any declaration of the Trust under sub-section 4 of this sec* tion, and shall, within thirty days after thc first publication thereof in thc Gover~mt~zt Guxctte, give writken notice of such dissatisfaction to the 'l'rust, a difference shall be deemed to have arisen in rcspect of the matter as between the Trust in whose district the land is situated and Chaffey Brothers Limited, within the meaning of section 136, and the arbitrators may declwe that any lands concerned shall not be ratable lands, a i d such declaration shall be pub- lishcd i n the G'uuernment Gamttc, whcrcupon thc lands shall cease to be ratable lanrls, and any rate declared ard not paid in rcspect thereof shall cease to be valid.

PART IT. PART IT.

CONSTITUTION OF TRUSTS ANT) l)ISrl'RIC'l'S,

Constitntion and

name of Trunts. 4, (1) A Trust is hereby constituted, to he called '" Tlhe Renrnark

Irrigation Trust, No. 1 "

(2) Thc Trust hereby constituted, and every rl'rust constituted under this Act, shall be a body corporstc, and shall have perpetual succession and a common seal, of which judicial notice shall be taken, and shall by its name be rapable of suing and being sued, of purchasing, holding, and alienating land, of doing ,211 acts necessary or expedient for carrying out the purposes of this Act, and of doing and suffering, subjeci to this Act, all such other acts and things as bodies corporcztc may by law do and suffer.

(3) A Trust constituteri under this Act shall be naned " The

Renrnark Irrigation Trust, Xo. --, " such blank being filled in with the distinctive number of the particular district for which the Trust

is constituted.

(4) The district of the Trust hereby constituted shall be the area

mentioned in the First Schedule hereto, and shall be called.	The
Renmark Irrigation District No. l."

(5) A

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The Benmark Irrigation. l'rusts Act.-1 893.

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(5) A district constituted under this Act shall be called "The Renmark Irrigation District No -,"	such blank being filled in with
the distinctive number of the district.

5. Subject to the provisions of this Act, the Governor may, from timc to time, makc ordcrs exercising the ~ O J V C I ~ S	General powers of
Governor to constitute

following-	districts and alter
thoir boundaries.

I. To constitute any part of the irrigation area, and being either an outlying district or partly an outlying district, and partly laud comprised within one or more previously existing dis- tricts, a new district; and to appoint two auditors for such new district, or for a new dist&t constituted under sub- section 11 r. of this section; to constitute a 'l'rust for such district, and to a.ppoint the first members of such Trust:

r r. To unite any number of districts, whether in one area or not,

into onc district:

r r r. To sever any portion of the irrigation area, forming part of a

district from such district, and either to declare it a new district or that thc sevcred portion shall no longer form part of a district, or to annex such portion to any other district, whether forming one area tllerewith or not, and from time to time to makc any apportionment of property, rights, and liabilities, and give directions as to any matters and things that may be necessary to do justice as between the districts concerned:

cv. To annex to any district any outlying district whether form- ing one area with such district or not:

v. To alter and adjust the boundaries of adjoining districts, and determine any questions arising out of such alteration and adjustment.

6. Where, in consequence of the exercise of any of the fore- justed, the Governor rnay by order settle and adjust the same.	Gcnerul power to
Governor to adjti~t

going powers, any rights, liabilities, or matters require to be ad- rights, &c.

Constitzctinn of New Districts hy order qf the Gocetmr.

7, Every order constituting a new district shall-	ncw district.
Order constituting

I, Assign a distinctive numbcr to such district:

r r. Describe the boundaries thcreof:

And shall take effect according to the tenor of the order; and every such order constituting a new district, so as to include a portion of

n previously existing district, shall operate to sever 8uch portion

from such prcviousl y existing district.

8. When a new district is constituted of portion, or so as to in- Adjustment 01 nght,

dude a portion, of a previously existing district, the followirrg eonse- of a port,ion of a	&C., upon severance
quences shall follow-	district.

I. All

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The Renmnrk Irrigation Trusts Actct.-1893.

PART 11. I. All by-laws and regulations of tile previously existing dis-

--

trict in force in the portion comprising or included in the newly constituted district shall, so far as they are appll- cabl~, he deemed by-laws arid regulations respectively of such newly constituted district, and may, by the Trust thereof, bc repealed or altered; mrl, save as aforesaid. all such by-laws and regulations shall, as to the po~tion

included in thc ncwly constituted district, be repealed:

rr. The Trust of such newly constituted district shall become

jointly liable with the Trust of the previously existing district to all creditors of' such last mentioned Trust in respect of all debts and liabilities due or incurred at the time of the severance:

111. No action, suit, or other proceeding by or against the Trust

of any such previously existing district shall be affected

or abated:

'Iv. The Trust of such newly constituted district shall be entitled to such portion of the property and assets of the Trust of the previously existing district, and shall be, as between such 'l'rnsts, liable to pay such portion of the debts and liabilities thereof as bears thc same proportion to the whole as the urea of' the fittable laid in the portion severed from the previously cxisting district bore to the area of the ratable land in the whole of that ctistrict upon the last assessment before thc severance.

Union of Districts by order qf' the Governor.

Order uniting dia-

tricte. 9, Every order uniting twe or more districts shall assign a

number to the district formed by such union.

Effect of union of	10,	Upon the ~ ~ n i o n	of districts, the district formed by such union
districts.

shall consist of the areas of the districts united, anti the Trust

of the district so formed shall bc deemed to be onc and the same

corporation as thc Tmst of each of the districts by tht~ union of

which it was formed; and all rights ancl duties of the Trusts of such districts against or owing to each otl~er shall be extinguished, and all property rights and litlbilit ies v~strcl, possessed, or incurred, and all matters and things not otherwise provided fbr, made, or done, in, by, or on behalf' of the 'I'rust of m y uf the districts so united, shall vest in, and attach to, aild be deemed to have been made or done by, or on behalf of, the Trust of the district formed by such union.

Effect of union on 11. Upon any union of districts all by-laws and lppulations in force in any of the districts united at the time of the union which are applicable to the altered circumstances shall become by-laws and regulations respectively of the district formed by such union. and may be repcaled or altered by the Trust of such district; but, until so repealed or altered, every such by-law and regulation shall remain in force in the territorial area only in which it was in force previous

by-laws.

to

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The Rennzark I~rljatiovt Trusts Act.-1893.

to such union; and cverv by-law ancl regulation which cannot be PART 11-

- - - - L

restricted to any prticniar territorial area. shall be deemed innppli- cable, and all by-laws and regulations which ace inapplicable to the

altered circumstances shall be by auch ur~ion repealed.

12. Whcn districts arc unitcd the Trust of the district formed Effect of union on

TTU8t.

by such nnion shall, until the conclusion of the next annual election, man. 0~1 the first Monday in the month of July next following the union all tho inembcrs shall retire from office.

consist of all the members for the districts united, or who may be

clected in their places to fill any extraordinary vacancies; and such

Annemt ion o f Portions to Dist~irts.

another district, all by-laws and regulations in force in the portion 13. Upon the annexation to a district of n portion severed from ::&'$:;?ation

severed which are applicable to the altered circumstances thereof shall remain in force thewin, a i d ;ss so in force shall be deemed by-laws and regulations respectively for the district to which the severed portion is annexed, and may by thc 'Trust of that district be repealed 0;. altered; and no by-law or regulation of such district, the application of which can be restricted to any separate portion of such district, shall Ge , deemed -in force in such annexed portion uilless and until it is by any by-law or by-laws provided otherwise; and all by-laws and r~gulations of the district from which such por- tion was scverd which arc. inapplicable to the altered circumstances shall as to such severed portion be by such severance repealed.

Procedure.

14. The Governor may exercise any of the powers hereinbefore Exercise on petitions

conferrt.ti after the ylresentatioll of a petition, ill pursuance of this hefora conferred.	of the powers herein-
Act, praying for tlw exercise tllcrcof: and after the publication of such pctition as by this Act directed, ancl the lapse of six weeks a t
provided, not othermisc; but it shall hc in thc discretion of the thc least from the day of such publication, and, cxcrpt as hereinafter	Governor absolutely to refhc thc prayer of such pctition, or to grant
the whole or any part thereof: Providr.d that the Governor shall not refuse to grant a petition duly pref'erred for the constitution of
a new district under sub-section I. of section 5.

15. (1) Jh7ery pctition for the constitution of a ncrv district Signatureof petition.

must be under the common seal of Chaffey Brotlzcrs, Iimitcd, unless

otherwise ordered by the Governor.

(2) Every petition for the constitution of a new district shall

state the names of the proposed first auditor:; for the district, and of

thc proposed first members of the trust for the district.

(3) Every petition for the union of districts shall be under the common seals of the trusts of the districts affected.

(4) Every petition to sever any portion of a district shall be signrd by a majority of tlic ratepayers of sllch portion. 1. If

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The Renmark hiya t ion Trusts Act.-1893.

I. If the severance is sought for the purpose of declaring the severed portion to bc a ncw district, the petition shall also be signed by a majority of the ratcpaycrs of the portion which will remain in the old district after such severance:

11. If the severance is sought for the purpose of annexing the

severed portion to another district, the petition shall also be signed by a majority of the ratepayers of such other district.

(5) Every petition for the annexation of an outlying district to a district shall be under the common seal of the Trust for such

district and of Chaffey Brothers, Limited.

(6) Every petition to alter and adjust the boundaries of adjoining districts shall be under the common seals of the Trusts of such districts, or of the Trust of one of such districts, and of Chaffey Brothers, Limited.

(7) A petition for the exercise of any of the powers hereinbefore mentioned shall be sufficient to support the exercise of any other of

such powers necessary for the convenient exercise of the first-

mentioned power.

16. Any person or persons may present a counter-petition

within.six weeks aftcr the publication of' a petition.

Presentation of 17. Every petition and counter-petition shall bc addressed to

petitions and counter-

petitions.

the Governor, and shall be left with the Xinister, which shall be

deemed the presentation thereof.

VCification of 18, Every signature to a petition or counter-petition, other

petition.	than the seal of a Trust or of Chaffey Brothers, Limited, shall be verified by one or more declaration or declarations of sotne person or persons signing such petition, and such declaration shall be in
the form or to the effect of the Second Schedulc hereto; and 110
petition or counter-petition shall be received by the Minister unless accompanied by a declaration or declarations in accordance with the provisions of this section.

Form of petition. 19. (1) Every petition shall state precisely what exercise of any

of the pojvers hereinbefore couferred on the Governor is sought by the petitioners, and shall pray for the specific exercise thereof, and may in addition pray for any partial or alternative exercise of such powers.

(2) Every petition for the coristitution of a new district, or for any severance, annexation, or alteration of boundaries shall describe the boundaries of the proposed new district, and of any portion of a previously existing district proposed to be included therein, or rhe proposed alteration of boundaries, or the boundaries of the area proposed to be severed or annexed, as the case may be.

(3) Every petition shall state an address at which notices may be served on the petitioners, (4) "The

56" & 57" VICTORLE, No. 578.	9
The Renmark I~rigation Dusts Act.-1893.

(4) The same pctition may pray for the exercise of any one or more of the powers hereinbefore conferred on the Governor, and pet;t;,to PART 11.

befr,,,a

every petition shall be framed so as to enable the subject matter of a@ bedi@pos* of

in one order.

such petition to be complctcly disposed of in one order.

Minister shall cause the substance and prayer thereof to be published petition. 20. On the presentation of a,ny petition or counter-petition the Publication of

twice in the Government Gaxette, and in some newspaper circulating

in the irrigation area, and the last day on which such petition or

counter-petition is so published shall be deemed the day of the

publication thereof.

21. 'In order to investigate any matter connected with a petition, Minister may direct

or counter-petition, or to ascertain whet her the provisions hereof

inquiry.

have bcen observed, the Minister may appoint one or more Spccial Magistrates, bv whom an inquiry shall be held, and for the purposes of such inquGy such Spccial Magistrate or Magistrates shall have every power that may be exercised by a Local Court of Limited Juris- diction, and shall report to the Minister within thirty days; and, in any case in which a Special Magistrate is appointed to hold such inquiries, no order shall be made by thc Governor in the matter until such report has been received.

22. (1) Every order under this part of 'this Act shall be Order to be gazetted.

published in the Go~ertzment Gazette, and shall take effect as on and

from the day of such publication.

(2) Any error in any order, under this part of this Act, may bc Rectificationof order.

rectified by the Governor by any subsequent order.

23. No order purporting to be made under this part of this Act, Non-compliance with

and within the powors by this Act conforred on the Governor, shall invalidate order,

prehminaries not to

be deenled invalid on account of any non-compliancc with any of

the mrttters required by this Act as preliminary to such order.

PART 111. PART rrr.

MEMBERS, AUDITORS, AND ELECTIONS.

24, Every 'I'rust shall consist of seven members. The first Members.

members of the Renmark Irrigation Trust, No. 1, shall be elected by the ratepayers in c? manner to be prescribed by the Governor by proclamation in the Gouernme?zt Gazette.

one years or upwards, and holds not less than ten acros of ratable members of Trust. 25. Xvery ratepayer, male or female, who is of the age of twenty- Qualificetion of

land in the district in fce simple in his own right, is qualified to be

and continue a ~nember of the Trust, except-

An uncertificated in solvent:

A ratepayer in arrear for one month with the payment of any rate

for which he is liable in respect of ratable land within the

district:

B-678 A

56" & 57' VICTORIR, No. 578.

The Renmark Irrigation Trusts Act.-189 3.

P ~ a r m. A person who holds any place of profit in the gift of the

Trust:

A person who direclly or indirectly participates or is interested in

any contract, except for advertisements and printing, with, or

employment under, the Trust:

Provided that no person shall be disqualified from being or con- tinuing a member by reason of his receiving travelling expenscs incurred in pursuance of and authorised to be paid by a resolution of

the Truet, or acting as Returning Officer or Deputy Returning

Officer under this Act, or receiving remuneration for so acting, or by reason of his being ,z member of a public or joint-stock company, incorporated by the law of the United Kingdom or any British posseasion, which is concerned with any contract or dealing with the Trust; but no member shall vote on a question relating to a contract or dealing with a company of which he is a member.

Qualified persons

compellable to serve : 88. Every person qualified to serve as member shall be com-

Exemptions. pellable to serve, except-

A person who, when appointed or clocted, was not resident within the district, and who, in case of election, has not expressed his assent to his candidature in a writing delivered to the Returning Officer previous to the election:

A person who, after his election, goes to reside, or by reason of a change of boundaries, becomes resident, out of the district:

A person who has served the full time during which a person duly qixalificd is entitled to serve as member, and who, within three years of the termination of his former service, is again elected a member for the same district, and who has not expressed his assent as above mentioned:

A person who is, or during his tenure of office may become, sixty

years of age:

A person receiving any salary from the Governmciit:

Members of Ptzrliaincnt:

To entitle any person other than a member of the Parliament to exemption under this section, he must, by writing, make a claim of exemption, which writing must be posted or delivered to the chair- man of the Trust, if there is a chairman, or otherwise to the Minister, within fourteen days from the appointrnwt or election of

the person so exempt, or from the happening of the exemption,

whichever shall last happen.

HOW vacancies 27. Any of the following acts and events shall cause a vacancy

occasioned. in the office of member, namely-

Death, lunacy, idiotcy, insolvency, the execution by the membcr

of a statutory deed of assignment for the benefit of his

creditors, or a member compounding with his creditors for

less

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The Rsnmnrk Irrigation Tbusts Act.-1893.

less than Twenty Shillings in the Pound, or the conviction	PART	111.
of the member for felony:

Absence from the province, without leave of the Trust, during the holding of three consecutive ordinary meetings, or failure to attend the meetings of the Trust for three consecutive ordinary meetings without sufficient cause, and followed, in either case, by a resolution passed by the Trust within three weeks after the last of such three consecutive ordinary meet- ings, declaring the office vacant, which resolution the Trust may pass, but are not bound to pass:

Any disqualification, and notice thereof, by thc disqualified persoD, or some person on his behalf, posted or delivered to the chairman or secretary of th? Trust, or, if there be no chair- man, to the Minister:

Resignation by notice posted or delivered as aforesaid:

Retirement by rotation, as provided by this Act:

The judgment or order of any duly authorised Court; or Justices

declaring the office vacant.

and ninety-four, and on every subsequent first Monday in July, half mernbera. 28. On thc first Monday in July, o lc thousand eight hundred Annualretiremontof

of the rnembcrs shall retire, or, if the number be uneven, a rnajoritv of one shall retire. The members to retire shall be those who ha& been longest in office without re-election, and when the number cannot thus be made up lots shall bc drawn hetween those who have been an equal time in office, and in the case of elected members without re-election, to decide which of them shall retire, and the retirement shall take place accordingly.

29. The chairman shall in no case he required to draw lots; but Chairmannot to draw

the other menibcr or members with whom it would be neccssary,

but for his position as chairman, that he should draw lots shall retire,	or draw lots betwccn them without the chairman, to decide which
of them shall retire.

30. Members required by this Act to retire shall 6.0 out of office, Retiring members to

bnt shall be deemed to hold office until their successors are ~ ~ ~ ~ o ', " ~ p " $ ~ & ~ ~ '

appointed.

31. All drawing of lots by members to decide retirements shall ~ o t s to be before

be had a week at least before notice is given of thc day for the nOticeOfnOminatiOn~

nomination of candidates for election.

32. Where lots are required to decide retirements, if the mem. On failure of members

to draw lots chairman

bers who should draw lots fail to do so till within a week of the a

last day when noticc has to be givcn for the nomination of can& rewest, may do so.

dates for election, the chairman, or any Justice resident in the irriga-

tion area, on the request, in writing, of any one member or any

three ratepayers, shall, d the presence of three or more ratepayers,

draw

56" & 57" VICTORIW, No. 578.

The Renmark Irr~qation Trusts Act.-1 89 3.

P A ~ 111. draw lots and decide which of the members shall retire, and shall thereupon declare and give public notice under his hand of the names of the members who are to retire, and they shall rctirc accordingly.

vacancies existingat 33. When, at the time of giving notice of the annual day of

the election

meeting, how supplied.

nomination, there shall be vacmcies in the Trust, and no more members are required to retire on the first Rilonday in July of that year than (here are seats then vacant, there nhdl be no need for any retirerneut of members, but the vacancies so existing shall bc filled up at the annual election meeting; and if any vacancy or vacancies shall exist at the time of giving notice of any annual day of nomination, evcry mcmbe~ whose seat is so vacant shall be taken to be a persun bound to retire on the first Monday in July of that year, and every such vacancy shall be filled up at the annual clcction and any other retirements which may be necessary shall be settled in manner herein provided,

Retiring member

eligible for re- 34. A member or chairman retiiing from or ccasing to hold

election.	office, but duly qualified, shall be eligible for re-election.
Election and retire-	35, There shall be two auditors for the Trust, a i d the first auditors for the Renmark Irrigation Trust No. 1 shall be appointed hy the Governor by Proclamation in the Government Gazette. Future auditors shall be nominated and elected by the ratepayers in like manner as members are nominated and elected. Any auditor elected at an annual election shall hold office as from the first Monday in the September following his election. On the first Monday in September, one thousand eight hundred and ninety-four, and in every subsequent Sep- tember, one auditor shall retire fioni office, and the auditor to retire shall be the one who has held office longest without re-election; and if bvth shall have so held office the same length of time the auditor to retire shall be decided by lot to be drawn by the
mentOf
for the nomination of candidates for election, and if the chairman cllairman one week at least before notice is given of the day
shall fail so to draw lots both auditors shall retire; a i d no auditor who has been continuously in office for two ycars shall be eligible for re-election for the space of one pear.

Qualification of 36. The qualification and disqualifications for the office of auditor

auditors. shall be the same as in thc case of a meinbcr, exccpt that an auditor need not be a ratepayer, and that no member shall be auditor. An auditor otherwise qualified to be member may be elected member, and shall thereupon cease to be auditor.

Vacancies in the 37. Any of the followirig acts and events shall cause a vacancy

Office in the office of auditor, namely-

Death, lunacy, idiotcy, being adjudicated insolvent, or the execu- tion by the auditor of a statutory deed of assignment for the benefit of' his creditors, or compounding with his creditors for less than Twenty Shillings in the Pound: Absence

The Renmnrk Irrigation Trusts Act.-1 893.

Absence from the province at the time at which any periodical audit is appointed to be held, or non-attendance at any audit after fourteen days' notice shall have been given to the auditor of the time and place appointed for holding the same:	-P-	PART 111.
Election as a member:
Re~igimtion by notice posted or delivered to the chairman, if

there be a chairman, and otherwise to the Minister:

The judgment or order of any competent Court or Justices declaring the office vacant:

The being concerned directly or indirectly, save as member of a public or joint-stock company incorporated by the law of the United Kingdom or any British possession, in any con- tract or dealing with the Trust other than his employment as auditor.

38, The auditors shall, as soon as conveniently may be after the Auditing accounts.

half-yearly balancing of accounts in accordance with this Act, proceed to audit the accounts of the Trust for the half-year preceding the said half-yearly balance; and the 'I'rust shall cause to be produced and laid beforc such auditors the said accounts, together with proper vouchers in support of the same, and all books, papers, and writings in the custody or power of the Trust rclating thereto; and if the said accounts be found correct, such auditors shall sign the same in token of their allowance thereof.

39. The Trust shall cause the yearly balance-sheet to be Rdance-sheetto be

advertised once in one of the newspapers of the said province and ,,,,,,,,,in advertised in one

in the Governmmt Gazette, within oue month after the auditors have Gazette-

certified the same.

40. The auditors may refuse to allow any person, except the Auditors may refuse to allow persons to be

chairman of thc Trust, to be present at the audit of the accounts. accounts.

41. 'The Trust shall appoint a Returning Officer, not being a Truattoa~point

and auditors. The Trust sllall mimburse such Returning Officer

all expenses incurred by him in discharge of his duties, and shall

pay him any rernunerntion that shall be agreed on. Such Returning

candidate, to preside at the nomination and election of members Returning Officer. at thc election at which he is appointed to prt-side.

42, The nominations of members arid auditors for the annual ~ s y of nomination.

election shall take place at the Trust office, at noon, on the third Monday in June in every year; and ten clear days at least before that day the Trust shall cause public notice to be given of the place, day, and hour for the nomination of candidates.

43, The nominations of members and auditors shall be eigned by F O ~ of nomination,

two ratepayers, and shall be in such one of the forms in the Third it. and time for lodging

Schedule

56" 8c 57" VICTORIE, No. 578.

The Renmarlc Trrigation Frusts Act.-1893.

Schedule to this Act as shall be applicable, or in a form as near thereto as circumstances will admit; but no nomination shall bc acted upon unless the same shall have been lodged in the Trust office before the hour of noon of the day fixed for nominations.

Proceedings on day of 44. On the day of nomination the &turning Officer shall attend

nomination.

at the Trust office at the hour of noon, at which timc! and place he

shall cause all the nominations lodged in the office to be publicly opened and read aloud. If there be such nllmhcr of candidates nominated as are required to be elected and no more, the Returning Officer shall declare such candidates to be elected to servc in their respective offices, in the case of members, as from the first Monday in the July next ensuing, and in the case of auditors, as from thc firdt Monday in September next ensuing; but, in the event of' there being more candidates nominated than are to bo elected, the Returning Officer shall adjourn all further proceedings in respect of such elect~on until the first Monday in the July following, when the election shall be by ballot, as by this Act provided.

Notices of adjourn- 45.

The Returning Officer upon any such adjournment S hall forth- with give notice thereof, and of the object thereof, and the names of the several candidates, md the day, hour, and place when and where such election is to take place. by posting lmndbills on cvcry post office in the irrigation area, and on every other place appointed by the Trust by by-law as a place for posting notices.

ment to be given.

Ratee to be paid prior

to voting. 46. No ratepayer s l d l be entitled to vote at any election until all ratcs which shall then bc payable by him in r e s t ~ ~ r t of the land for which he may claim to vote shall have been paid; and any ratepayer maTT object to any person attempting to vote if such rates shall not have been paid. The secretary shall cause a list of all ratepayers who owc m y rates to be produced at cverv polling- place, but the non-production of such list shall not invuiidate the proceedings.

On failure of annual

election and on extra- 47, Wherever the annual election shall from any cause wholly or

ordinary vacmc y, in part fail to be made npon the day appointed by this Act, or, such

supplementary elec-

tion to be held.	election being made, shall afterwards become wholly or in part void, and whenever an extraordinary vacancy occurs in the office of member or auditor, a supplementary election shall be held: Provided that the Governor may appoint a rnember or auditor to supply any extraordinary vacanc). occurring before the first meeting of the Trust.
Proceedings on sup-

plementary election. 48, Immediately upon the happening of such whole or part

S. 79. failure or avoidance, or such extraordinary tracancy, the Trust shall by public noticc appoint a day, not being earlier t,han seven days nor later than twenty-one days from such notice, for the nomination of the persons to be elected, and such nomination shall take place on the day so appointed in like manlier as at the annual election; and, if there shall be such number of candidates hominated as are

required

The Renmark Irrigation Il'rusts Act.-2 893.

-- -p- -P --. P p - -- - -.

required to be elected and no more, the Returning Officer shall declare	--	PART	111.
such candidates to be elccted to scrve in thcir respective officcs as from the day of nomination and clcction; but, in the event of there being more candidates nominatcd than are requircd to be elected, the Returning Officer shall adjourn all further proceedings in respect of such election until a, day to be fixed by him for such election, not being lcss than six nor more than ten clear days from the day of nomination, and on the day so fixed thc election shall take place in like manner as at the annual election.

advertisement in the Government Gazette, to be given of such ment to be given. 49, The Returning Officer shall cause public notice, but without Notices of adjoum-

scljo~irnrnent, and the object thereof, and the names of the several candidates, and, in the casc of wards: for which wards they are respectively nominatcd, and thc hour and places when and where such election is to take place.

60, Whenever any supplementary election shall wholly or in 13rocoeaings in case of

part fail to bc made, or shall brrornc wholly or in part void, the ~ l ~ ~ ~ . $ ~ ~ ~ o

Trust shall hold another supplen~entary election in like time and election. manner as upon the hilure or avoidance of an annual election.

51, Evcry person elected to supply a11 extmordinary vacancy Retirement of persona

shall, for the purposes of rctircmcnt, bc deemed to hnvc bccn elected ordinary	elected to fill estra-
when his immediate predecessor in office was clccted, and shall retire accordingly, but shall be capable of' being forthwith re-elected if qualified.

52, Within forty-cight hours from thc election of any person to Notice of electmn to

any office in connection with thc T ~ ~ u s t, thc Returning officer shall be given to each person elccted, and to

cause to be delivered or posted to such pcrson a notice informing be inserted in Gazette.

him of such election, and &thin fourteen jays of such election shall

cause a rmtice thereof to be inserted in the Govewment Gcrxette.

53. If the Trust shall fail to proceed as by this Act required to ~ l e r e Trust falls for

twenty-one days to

any election for the space of twenty-one days from the last dpy on hold election, resident

Justice or Special

which such election is required by this Act to be held; or if by M. ngistritte on request

resignation or otherwise it happens that there are no members of the to hold the election. or any Spccial Magistrate, may, upon the rcquest i11 writing of any three ratepayers, do every R C L by this Act required to be done for holding such election, including thc appointment of a tiny of norninn- tion and a Returning Officer.

PART IV. PART IV.

MEETINGS O F THE TRUST.

54. The Trust shall have and maintain a suitable office within The T r w t office.

the district, or within the township of Renmark, for transacting the

business of the Tmst.

55. At

56" & 57' VICTORIW, No. 578.

TA e Renmark Irrigation Trusts Act.--1 893.

PART m. 55. At the first meeting of the Trust, and at the first meeting after every annual clcction, the membcrs present shall clcct a chair- man from among them; and if there shall be an equal number of votes for two or more members having the largest number of votes, the person to act as chairman shall be chosen by lot between those mcmbcrs having the cquality of votes; but the omission to elect a chairman shall not prevent the Trust from making such appoint- ment at any future meeting. The chairman may resign his office a t any time; and any vacancy in the office of chairman may be

xleetion of c&man,

filled up at any meeting of the Trust.

Secretary to be	56. The Trust shall appoint a man of full age who is not an auditor to be secretary to the Trust; but any other person appointed as hereinafter provided may perform the duties of such secretary in his absence.
appointed.

Annual meeting to be 57. An annual meeting of the Trust shall be held in the month

held in July.

of July next after the pasiing of this Act and in the month of J u l y

in every succeeding year, at the Trust office, on such day and at

such hour as the Trust shall determine.

Ordinary and special

58, Ordinary .meetings of the Trust shall bc held at the Trust ofice at such times, not being less than one in each manth, as the Trust shall from time to time determine; and special meetings may be held at any time and at any place within the irrigation area. Any meeting may be adjourncd to any timc and to any place within the irrigation area, and ally business required to be done at an annual or ordinary meeting may be done at a special meeting.

meetings.

Special meetings.

59. A special meeting may be called by the chairman at any time, and, on the requisition in writing of any three members, i t shall be his dnty to call such meeting; and if the chairman refuses or for two clear days fhils to call such meeting upon such requisition any three members may call such meeting by public notice, signed

by them, and stating thc object of such mccting and the time and place of holding the same.

Three days' notice of

60. Unless and until otherwise provided by by-law, three days notice of every meeting, signed by the secretary, shall be sent by post to cvery member, informing him of the timc and place of meeting, and, in the case of a special meeting, of the business to be done thereat.

meeting.

Q U O ~ I ~. 61, At all meetings of the Trust, cxccpt where otherwise

provided by this Act, one-half of the members for the time being

Adjournment where	shall form a quorum; but the. secretary, i n the absence of all the
no quorum.	members, or any member present alone, or the majority of members present at a meeting at which there shall be no quorum, may, at the expiration of half an hour from the time fixed for such meeting, adjourn the same, and any business which could have been tran- sacted at such meeting may be transacted at the adjourned meeting.

62. &4t

5 6 & 57' VICTORIE, No. 578.

The Renmark fiv-iqation Trusts Act.-1893.

62. A t every meeting of the Trust the chairman, or, in his PART

absence, such mern ber as the members assemhlecl shall choose to w h o is to p s i &, and

preside, shall preside, m d shall have a, delibtwhve vote, and, in case h i ~ r i g h t t o v o t e.

of equality of votes, a casting-vote.

63. Notwithstanding any vacancies in the office of' member the B usiness of Trust to

be carried on notwith-

businese of the Trust shall be canierl on by the member or members s t a n h g vacancy.

actually in office, who shall havc all the powers of the Trust.

64. A11 proceedings of the Trust, or of n committee of the l-'roceedings of T m t

Trust, or of any person acting as a mcmber, shall, notwithstanding defect of appoint- valid notwithstanding

it may be afterwards discovered that there was some defect in the ment~

election or appointment of the members or any of them, or of any

person acting as aforesaid, or that they or any of them wcre

incapable of being mernbcrs, be as valid as if such members or

rn~lxlber, or such rxrson, had been duly elected or appointed, and

was capable of being a member.

65. If, in consequence of death, abs~nce, or any lawfui inipedi- I n case of inability of ~dcretary, &C., to

ment, i t shall bc impossihlo or inconvenient for the secretary or perfomdufies, chsl.

any member or other person to perform any particular matter or manof Trust may appoint another

thing which by this Act he is required to perform, ihe chairman, person	do so.
or, if for the like rcason it shall be impossible or inconvenient for tile chairman, the Trust may perform the matter or thing, or appoint some member or other person to perform it.

66. If the day for any meeting or adjourned mecting, or for nilriness falling on

any business or thing required by this Act 01. any bylaw to be held Sunday, &C.

or done, shall fall on a Sunday, Good Priclay, Cllristrrms Day, or

public holiday, such meeting shall be lreltll, or business or thing

donc, on the third business day after tho day on which it fell.

67. No resolutiou passed at any meeting of thc 'I'rust shall be Resolutions, how rc-

revoked or altered at any subsequent meeting, unless written notice voked or altered.	of an intention to propose such rcvoci~tion or alteration bc given or	posted to each of the niernbers seven days a t least beiore holding
the meeting; nor unless snch revocatiou or alteration be determined upon by a majority consisting. of two-thirds of the members present at such subsequent meeting, if' thc number of members pl-cscnt at such subsequcnt meeting be not greater than the number present when such resolution was come to; or by a majority if the number of mcmbcrs present at such subsequent meeting be greater than the number present at such former meeting.

68. I. The Trust may appoint a committee or committees of ~ o w e r to appoint

their me~ubcrs, and may delegate to any such committce such of committees.

their powers and duties under this Act as they think fit.

1 1. The Trust may, from time to time, make such regulations as Regulations,

they think fit for the guidance of a committee, and may, horn time to time, remove any members of the committee and appoint in the stead of them, or any of them, other members of the Trust.

C--578 m, The

56" & 57' VICTORIA, No. 578.

TiLe Renmark Irrigation 17riists Act.- l8 93.

r I I. The proceedings of a committee shall, unless otherwise ordered

Proceedings to lequire	by the Trust, require the approval of the Trust.
approval.
Sub- oommitteea.	m. A committee may appoint a sub-committee of its members to execute and discharge any of tllc powers and duties of the com- mittee, but the acts of such sub-committee shall be sabmitted for approval to the committee by which such sub-committee was appointed.
Proceedings of com-
mittees.	v. In no case shall a cornmittcc bc authorised to declare any rate; and no expenditure or payment or contract to expend or pay any sum of money exceeding Twenty Pounds, made by a committee, shall be lawful or valid unless such expenditure, pnymcnt, or con- tract shall be afterwards approvecl or ratified by the Trust.
Adjomnmcnt.	V I. A corninittee appointed under this Act Inay (subject to regu- lations of the Trust) meet from timc to time and adjourn as they think fit; but no business shall he transacted at iiny meeting of such committee unless three members be present.
Quorum.

Chairman. V I I. At the first rneetil~g of any committee or subcommittee one

of its members shall be appointed chairinan of the co~rmittee or sub-committee, and all questions in committee shall be determined by a majority of votes of the members present; and the chairman shall have ,z deliberative votc, and, in case of equality of votes, a casting vote. The chairman of the Trust shall be e z qfjicio a mem- ber of every committee or sub-committcc.

T ~ v s t may de1egltt.e povers to chairman. $9. The Trust may delegate a11 or any of its powers to the

chairman, with such restrictions and limitations (if' any) as the

Trust may think proper.

Minutes of meetings.	70. The Trust shall cause minutes of all thc meetings of the Trust, and of every cornmittcc thcreof, atlcl of thc proceedings thereat, with the names of the members who attend at each meeting,	and the names of all members voting on :my question for the	decision of which a division is called, to be duly made ill books
provided for the purpose, ancl to be kept by the secretary, under the
superintendence of the Trust. Thc mim~tes of evrr7; Trr~st m~e t ing
and of every meeting of a committee, until a report' is agreed upon, shall be put for confirmation to the next succccdi~~g meeting, or, if that shall be omitted, to some subsequent meeting, and, if fb~lnd
correct, shall be signed by the chairman of the meeting a t which the same shall he confirmed, o r it' he shall refuse or neglect so to do for seven days after such meeting, then by any two members present and entitled to votc at such meeting; and the miuutes of a committee meeting a t which a report is agreed to shall, if found correct, Fe signed at such meeting, or some adjournment thereof,
by the chairman thereof.
Minute books and

certified extracts 71. Every minute purporting t.o be such minute as aforesaid

therefrom evidence. and to be so signed, or a copy of or extract from any such minute

purporting

The Rsnmark Irrigation Trusts Act.-l $93.

purporting to be attested by the seal of the Trust and signed by PART m. -

the secretary, shall be received as evidence in all Courts, and before . -

all Judges, bodies politic, ilnd persons without proof that the meeting to which the same refers was duly convened or held, or that the persons attending thereat were mrinbers of the 'l'rust. or com- mitter, or of the signature of the chairman or membcrs, or of the fact of his having been such chairman, or of their having been members entitled to sign such minutes, or of the affixing of the seal or of' the signature of the secretary; but all such matters shall

be presumed until the contrary is proved, and all such books shall,

at a11 reasonable times, be open to the inspection of any member and

of any creditor of the Trust; and every ratepayer may inspect arid

take copies of the same at all reasonable times on payment of One

Shilling to the secretary.

-W-

PART V. PART v,

GENERAL PURPOSES AND POWERS OF THE TRUST.

72, The purposes for which Trust is constituted by, or is to Purposes of ~ m t.

be constituted under, this Act, are--

r. To facilitate thc putting into operation of the water rights to which the ratepayers arc or shall be entitled under or by virtue of this 4ct, or of the Chaffey Brothers Act, or any licence granted or to be granted in pursuance of such Act, or any sale, disposition, lease, or transfer of land, such as is mentioned in paragraph 13 of t l ~ c Clmffey Brothers agreement.

r r. To supply and distribute to, 01.- for the benefit of, the rate-

payers water within t,he district:

111. TO supply water*, at the option of the Trust, to persons or

corporations other than the ratepayers:

IV. To acquire, at the option of thc Trust, and so far as practi-

cable, from the person for the time being entitled thereto, all or any portion of the water rights, privileges, con- cessions, and rast.mmts in respect of water now or hereafter given, granted, liccnscd: or assigned, or agrccd to be given, granted, licensed, or assigned to George Chaffey or Willia~rx Bmjamin Chaffey? or either of them, or to Chaffey Brothers, Limited, under or by virtue of the Chaffey Brothers Act, or of the Chaffey Brothers agree- ment, or any licence issued or to be issued under or in pursuance of such Act or agreement:

v. To acquire and take over any irrigation works, at the option

of thc Trust, from Chaffey Brothers, Limited, or any other

person:

VI. 'I'u enter into any agreement with Chaffey Brothers, Limited, or with any other person, for the supply of water to the ratepayers, or for carrying out any of the powers or purposes

of the Trust: VII. To

56" & 5 7 O VICTORIE, No. 578.

The Benmark Irrigation Trusts Act.-1893.

PART V. m. To exercise and carry out the powers of this Act vested in the Trust, and to do all such lawful things as may be incidon tal or conducive to carrying out the above-men tioned purposes or any of them.

meet this Act On

water rights and

73. (1) Where upon the future sale, disposition, or transfcr by of the Chatfey Brothers Act, or the grant of which to them purports to be in pursuance of such Act, a water right to be held with and run with such land as a perpetual cascnient shall bc granted or given, or expressed to be granted or given, by Mlaffcy Brothers, Limited, to the person to whom such sale, disposition, or transfer shall be made, the power to exercise such water right shall be deemed to he irrevocably granted by such person on behalf of himself and all persons claiming through or under him to the Trust of the district in which such land is situated.

correlative obliga-

Chaffey Brothers, Limited, of any land granted to them in pursuance

tions.

(2) In every case of a sale, disposition, or transfer hy Chaffby Brothers, Limited, of any lal~d granted to thcm in pursuance of the Chafky Brothers Act, or the grant of which to them purports to be in pursuance of such Act, where a water right to be held with and run with snch land as a perpetual easement shall on such sale, disposition, or transfer have been before the commencement of this Act granted or given, or expressed to be granted or given, by Chaffev Brothers, Limited, to the person to whom such sale, disposition, or transfer was made, the power to exercise such water right shall, on the passing of this Act, be deemed to be irrevocably granted by such person on behalf of himself and all persons claiming through or under him to the Renmark Irrigation Trust,

No* 1.

(3) All ratable laud now or hereafter belonging to Chaffcy Brothers, Limited, shall be deemed to carry wit11 it a water right to be held with and run with such land as a perpetual easement, and

by Chaffcy Brothers, Limited, on behalf of themselves and all per- the power to exercise such right shall be d~erned irrevocably granted

sons el~iming through or under them, to the Trud of the district in

which such land is sltuatcd.

(4) Any snch water right as in sub-sections (l), ( a ), and (3) of

this section mentioned shall be deemed to be s right to take and divert water from tlhe Kiver Murray in such nmnner as is or may he permitted nndcr any present or future licence covering the land to which the right is annexed and iusucd, or purporting to be iss~lcd, pulmmnt to the Chaffey Brothers Act, and in thc proportion attributable under such licence to so much of' the said land as shall for the time being be under irrigated culture within the meaning and for the purposes of such licence, and the granting or giving of such right by Chuffcy Brothers, Limited, shall be deemed to have been or to be in satisfaction of the obligations imposed by the

Chaffey Brothers Act on George Chaffey and William Benjamin

Chaffey, or any person claiming through them, to secure in pursuance

of'

56" 8r 57" VICTOKIE, No. 578.

The Renmark Irrigation Trusts Act.-1893.

- - -

P * x ~ V-

of the said Act and the agreement therein mentioned a sufficient water right to the purchasers of any lancl as in such agreement ment io~ed to be held with a i d run with such land as a perpetual ea semen t.

(5) The ohligntion inil~oscd on George Chaffey and William Benjarnin Chaffey and Chaffcy Erothcrs, Limited, by and pursuant to clause 10 of the Clraffcy Brothers' ag:eement with regard to the gathering and distribution of the water In the. same clause referred to shall cease on the conlinencement of this Act so far as regards lancl in the Renirrark irrigation District No. 1, and on the constitu- tion of n new district, so far as regards land in such district.

74. (1) 'The Trust shall, so far as practicable, take and divert from ;,"I:?

thc Rivcr Mni-ray and supply to the ratepaj-ers in the district water in such manner as shall bc permitted under any licence or licences fbr the time being in h r r e under the Chaffey Brothers Act, and in thc proportion nttributable under any such licence nr liccnces to so inuclr of the ratable land in the disirict as shall fur the time being be under i r r lg ted cultme within the meaning and for the p~lrposes

of any such licence or liccnces, and shall distribute such water, less reasonable allowance for evaporation and other unavoidable loss, to

thc ratepayers in such manrier as the Trust shall consider most

advantageous.

(2) l'hc Trust shall not he required to take, divert, or distribute water in excess of the quantity actually required from time to time for irrigation and domestic purposes.

(3) In distributing. water in pursuance of thin section the Trust may use any irrigation works as in section '76 mentioned which shall be situated in the district, and the same shall be under the control of the Trust, which, on the expiration or other determina- tion of the agreement in section SO n~entioned, shall maintain the same in good repair and condition.

(4) Every Trust shall allow Chaffcy Brothers, Limitcd, to use any irrigation works under its control by virtue of the last preceding sub-section, for the purpose of supplying water to outlying dis- tricts in manner corltcinplatect by the Chaffey Brothers agreement, but so that such user shall not prejudice thc supply to the rate- y:~yers of all water to which they ark entitled under this Act, for il.rigation and rlonlestic purposes, and Chaffey Brothers, Limitcd, shall do as little damage as may be, and making compensation as provided by this Act for any damage neccssarily done.

ship allotments for irrigation and domestic purposes, lay down pipes ships. (5) The Trust may, for the purpose of supplying water to town- Z;:;;~P;:?*S

in streets and roads and elsewhere, and do all other acts necessary for such purpose, doing as little damage as may be, and making c m - pmat ion as providcd by this Act for any damage necessarily done.

75. In supplying water to persons or corporations other than ~ ~ $ ~ ~ r ~ ~ ~ ~ ~ {

ratepayers- corporations other

1- The than r&epeyers.

56" & 57G VICTORIX, No. 578.

The Renmark Ir~iqation Trzcsts Act.-1 893.

PART v. I. The Trust shall not supply more water to township allotments than the proportion, which would be attributable to such allotments under the Chaffe y Brothers Act, and any licence or licences issued pursuant thereto, if such allotments were under irrigated culture:

11, The Trust shall not supply watcr to persons or corporations

for use outside of the irrigatiou area so as to diminish the supply to which persons within the irrigation area are entitled.

veshe of irrigation 76,

(1) All irrigation works now or hereafter actually constructed tion area, and vested in or belonging to George Chaffey, William Benjamin Chaffev, and Chaffey Brothers, Limitcd, or any of them, and all rights, powers, easements, and privileges now or hereafter vested in or belonging to George Clmffey, William Benjamin Chaffey, and Chaffey Brothers, Limited, or any of them, in relation to any such irrigation works, except any such right as in section 73 mentioned, are hereby vested in and ;hall henceforth be held by the Trust for the purposes of the Chaffey Brothers Act, and of this Act, and so that none of the property in this section mentioned shall be liable to be seized, attached, or dealt with under any process of any Court at the suit of a creditor of the said George Chaffey, William Benjamin Chaffey, an; Chaffcy Rrothers, T,imiterl, or any of them, or on the insolvency or statutory assignment of the said George Chaffey and William Benjamin Chaffey, or either of them, or the winding u p of Chaffey Brothers, Limited, or otherwise howsoever.

worka.	or erected on and affixed to or forming part of the laud in the irriga-
intarest in irrigation
Bale of beneficial	(2) Nothing in this section shall prevent the sale or other dealing with any beneficial interest of the said George C'haffey, William Benjamin Chaffey, and Chaffey Brothers, Limited, or any of them, in the property i n this sect,ion mcntioncd, but any such sale or
worka,
Acts in this section mentioned and to this Act. other dealing shall be deerncd to be subject to the purposes of the
sumption by Govern-
Conmquences of re-	(3) If the Government, under clause 19 of the Chaffey Brothers agreement determine the said agreement and resume possession of the land and take possession of the irrigat,ion works allcl imyrove- ments in the same clause mentioned-
ment.

I. The sum to be paid undcr the same clause shall be determined by arbitration, as mentioned iu the said clause, and shall be eighty per centum of the value of the beneficial interest of the person or company to whom such sum shall be payable in such works and improvements:

11. The Trust or Trusts existing at the time of the determi- nation of the said agreement shall be entitled, at any time within two years from such determination, to take over the said land, irrigation works, and improvements at

56" & 57" VICTORIE, No. 578.

YXe Benmark Irr.igat.iort Trusts Act.-1893.

the sum paid by the Government nnder the same clause,

PART v.

with interest at the rate of Five Pounds per centum per

annum added.

77. 'l'he water in an irrigation work under the control of the P W P ~ ~ Y in water.

Trust shall be the property of the Trust foe the purposes of this

Act and of the C'haffey Brothers Act.

78. Irrigation works under the control of a 'rrust shall not be Inkation works not taxable.

liable to any rates under this Act.

79. The 'l'rust may, wit11 the consent in writing of the Minister, Special water s l ~ l y t o ratepayers.

who is hereby authorised to give such consent, make special arrangements and contracts for supplying to ratepayers water ir excess of the proport,ion to which such ratepayers may for the time being be entitled under the provisions Iiereinbekre contained.

80, (l) 'l'he Itellmark Irrigation 'l'rust No, 1 shall take the place ~,,t t, take ,I,,, ,f

of the i o l ~ ~ ~; u r ~ as regards t h agreement dated the tllirty-firsl day ~; ~ ~ ~; ? F ~; ~ ~ ~ ~ ~

of Deceinl)er, one tho~~sand eight hundred and ninety-two, and made Schedule.

between the company, of &P first part, and Chaffey Brothers, Limited, of the sccond part, a copy of which agreement is in the Elewnt11 Schedule hereto: The said agreement shall, as from the commencement of this Act, and so far as practicable, be deemed to have been made between such Trust of the first part and Chaffey Brothers, Limited, of the second part.

(2) On the constitution of any other 'I'rrwt under this Act the said agremlcnt, if then subsisting, shall, as from the date of such constitution, and, so fkr as practicable, be decn~ed to have been made between such Triist and any yre\iously existing Trust 01. Trusts of the first part, and Clmffey l3rotliers, Limited, of the second part. Each Trust shall carry out the said agreement so far as relates to

the land in its dist~ ict, and so far as practicable.

(3) The said agrcemcnt shall bc read with the following altera-

tions which shall ta>ke effect from the passing of this Act, but shall

not aff'ect thr: past operation of the agreement:

( a ) 111 clause 2 for " shareholders of the Irrigation Company "

read " ratepayers ":

( b ) In clause 2 for in all engagements in that behalf to which

both the Irrigation Company and the contractors are parties entered into or to be entered into " read 5'and the purposes of ' The ltenmarlr Irrigation Trust Act, 1893 ' ":

(c) In clause 3 after '' a allareholder of the Irrigation Company "

read C ' or a ratepayer of a clistrict ":

(d) In clause 4 after schcmc " where first occurring add " for

each district "; for " shareholder " read 56 ratepayer "; for

" directors of the Irrigation Company " or. " directors " or

" Irrigation Company " read Trust of the district

concerned "; for registered office of the company " read

" the ofice of the Trust ": ( e ) For

56" & 57' VICTORIK, No. 578. - - ... . -

The Renmark h i g a t i o n Trusts Act.-1893.

PART v. ( e ) For clause 6 read the following :-c< Each Trust party hereto

-----p -

will pay to the contractors at Renmark aforesaid on the first day of January and the first day of July in every year of the said period (except for the year one thousand ninc hundred and eight) an amount equal to 'I'm Shillings for every acre of ratable land within its district, and for the part of the year one thousand nine hundred and eightwhich is embraced within the period provided for by paragraph 2 the sum of Eight Shillings and Four Pence for every such acre; and will duly make and declare the assessments and rates and do all other acts and deeds from time to time necessary to raise, obtain. and provide the said amounts to the c'ontrnctors; andwill duly collcct, g ~ t in, sue for, r~ecov~r, aud receive the said rates aforesaid, and will from to timc pay the said amounts to the con- tractors as the same shall become due and subject as hcrcafter appears, and will not otherwise deal with, charge, or dispose thereof: 'l'he costs and espeuses of and in- cidental to the collection and getting in of the said rates shall be borne by the contractors, and the said amount shall from timc to time (except as to tllc said sum of Eight Shillings and Four Pence per a ~ r e j be payable in advance ancl by two equal instalments, the one on the first day of Januarv and the othcr on thc first day of July in each ycnr as aforfsaid, tlw first instalmeut to be paid on thc first day of January, one thousatrd eight hondrcd a i d ninety-three; and as to the said sum of Elght Shillings and ~ o i r Pence per acre, the same shall be payable on the first day of January, one thousand nine hundred and eight: Pro- vided that in cases of ratable land of which the purchase- money, or any part thereof, has been paid to Chaffey Brothers, Limited, or their prcclcccssors. prior to the first day of Novcmbcr, one thousand eight hrn~dl~ccl and ninety- two, the contractors shall i l l each half year during the

'l'rust in respect of &ch such acre tlic sum of Two	continuance of this agreement rebate and allow to the
Shillings and Six Pence for the benefit of' the person holding such land":

(f) In clause 7 for " Irrigation Company " and for directors "

read Trust":

(9) In clause 8 for shares in the Irrigation Company held in

respect of such lands such rebate to be for thc bencfit of thc holders of such sharcs " rcad '"the ratable land com- prised in such rinlet 'l'rust lands such rebate to be for the benefit of the said trustees and of the Trust funds.

In the alterations effected by this sub-section "district " means n district constituted by or under this Act.

Company'e rates 81. (1) The rates declared by the directors of the company and

declared valid.

specified in the Tenth Schcdnle hereto shall be deemed valid, and

the

56" & 57' VICTORIR., No. 578.

. P

. - - W - --

The Renmark Irrigation Trusts Act.-l 893.

the rigti t to recover such rates is vested in the Renmark Irrigation Trust, No. 1, as if they had been rates declared under this Act; and the Trust shall apply a11 sums recovered in rcspcct of such rates towards payment of the money dne to Cjhaffey Brothers, Limited, under the said agreement before the commencernent of this Act,

(2) Subject to the provisions of this Act, all the undertaking, works, lands, buildings, property, stock, plant, interest, rights,

company vested in

Present property of

Trust.

powers, privileges, easerncnts, licences and agreements, and benefits

of licences and agreements, which immediately before the passing of

this Act were vested in the company, or any person or persons in trust for them, or to which thc company mere in anywise en- titled are hereby ~ e s t e d in the Renmark Irrigation 'l'rust No. 1, and may, subject tb and in accordance with 'the provisions of this Act, be held, cnjoycd, sued for, recovered, maintained, altered, dis- continued, removed, dealt with, and disposed of by such Trust as they think fit:

(3) As from the commencement of m d subject to the provisions of this Act the memorandum and articles of association of the

Memorandum and

articles of company

to be void without

company shall, as to any prospective operation thereof, be wholly

prejudice to remedies

for antecedent

void, and the company and the xnwnbers thereof shall be exemptcd

breaches thereof.

from all the provisions, lestrictioas, and rcquirrments of any Act which applied to the company and the members thereof as such; but nothing in this Act contained shall discharge any person from any liability or obligation in respect of any brcach of the provisions of the said rnernoi.&dura or articlcs or of any agreement to which the company is a party, incurred before the c~mmencem~nt of this Act, but such liability or obligation shall continue, and, save as

in this Act otherwise provided, inay be enforced by or on behalf of:

the Renmarli. Irrigation 'l'rust No. 1 as nearly as may be in like manner as thc same might have becn enforced by or on behalf' of

the company if this Act had i ~ o t been passed:

(4) Except as by this Act otherwise expressly provided, every thing before the commencernent of this Act done or suffered by or with	previous rights and
Nothing to affect

liabilities.

refcrencc to the company, or the members tllcrcof as such, shall he as valid as if this ,4ct had not bccn passed, and this -4ct slut11 accordingly be subject and mitlmtlt prcjuilice to everything so done or suffered, and to all rights, liabilities, clninls, and demands, both present and ft~ture, which, if this Act hacl not becn passed, ~voulcl

be incident to or consequent on allything so done or suffkrcd; and with respect to all such rights, liabilitim, claims, and demands the Renmarli Irrigation 'l'rust No. l and its p r o p w t ~ shall, as from the

time of vesting, represent the company, and thgrn~mbers	thereof as
such, and the property of the cornpan$, as the case may be.

82. The Trust shall, at the first meeting at which business is

transacted or as soon thereafter as conveniently may be, adopt a

common seal.

Common scal.

83. The Trust may enter into contracts for the purposes of this	Trust may make,
Modes in which

Act, and every such contract may be made, varied, or discharged as vwy, and discharge

follows, that is to say- I. Any contracts.

56" & 57' VICTOKIcE, No. 578.

The Rewaark h- (p t ion Trusts Act.-1 893.

PABT	v,	I. Any contract which, if made between private persons, would be by law required to be i n writing and under seal, the Trust may make in writing and under the common seal of the Trust, and in the same mazmer may vary or dis- charge the samc:
IT. Any contract which, if made between private persons, would

be by law required to be in writing signed by or on behalf of the parties to be charged therewith, the Trust may make in writing, under the common seal as aforesaid, or in writing signed by the members or any two of their numbcr acting by the direction and on behalf of the Trust, and may vary or disctrargc such contract in the same w.dy as it was or might have been made:

111. Any contl*act which, if madc by privatc persons, would be by law valid although only made orally, may be made by the Trust in either of the two ways aforesaid, or by any two of the members acting by the direction and on behalf of the Trust orally or in Fyriting, or may be varied or discharged in the same manner as it was or might have been made:

And all contracts made according to the provisions herein contained shall be effectual in law and binding on the parties thereto.

Trust may compound 84, The Trust may compound with any party who has cntercd

claima.	into any contract with the Trust, or by or against whom any action or procccding has been brought or threatened on behalf of or against the Trust, for any cause whatsoever, for such sums of money or other consideration as the Trust shall think proper.
Powers for Trust to
contract with other	85. The Trust may, from timc to time, contract, upon such in or out of the said province, for or with respect to the doing and the control and management by either or both of the contracting parties of any matter or thing which such contracting parties are, or either of them is, by law empowered to do, control, or manage;
bodies or persons in	terms as thcy think fit, with any person or corporate or public body
certain cases.
and the Trust Inay carry out E U C ~ contract according to the tenor
thereof.

manrtgo, and improw 86. The Trust may, from time to time, demise, let, manage,	Trust may let,
property acquiredby and improve all lands, hcrcdita~nents, jetties, piers, breakwaters, them. wharves, forcshores, and other property real or personal acquired

by, held in trust for or by, or placed under the care of the Trust, so as such property Fe dealt with in a rnanncr consistent with the terms, trusts, or purposes under and for which the same was acquired: Provided no such lease shall be granted for a term exceeding fifty years.

Trust may make 87. Subject to the approval of the Minister, the Trust may,

by-laws. from time to time, make, amend, and repeal bylaws and regulations for or relating to all or any of the following subjects; and may, by

such

The Renmurk Irrigation Dusts Act.-1893.

such by-lams, inflict penalties, not exceeding Fifty Pounds for each

y*m v*

offence, for the better enforcing the said several bylaws and regula-

tions, or for punishing the breach thereof, or of any of them :-

The appointment of the time and place for meetings of the Trust, whether ordinary or special:

The	powers and duties, and the control, supcrvision, and guidance of all officers, servants, and persons employed by the Trust:
The	form of contracts to be entered into with the Trust:
The	leasing, care, or control of any irrigation works:
The	measures to be taken to prevent and remedy the waste, undue consumption, obstruction, and contamination of water contained or supplied from any part of the irrigation works, and to regulate the days and hours when water can be obtained for irrigation or domestic use on any land, and the quantity to be allowed:
For	stopping the supply of water to or for the benefit of any ratepayer whose rates shall be in arrear, or to any ratable land the rates in respect of which shall be in arrear:

The protection of every part of the irrigation works from trespass

or injury:

Granting licences to competent plumbers, and cancelling such licences, and also fbr preventing any other than licensed plumbcrs from fixing, altering, or repairing any pipes, fittings, or meters connected with the pipes or works under the control of the Trust:

For compelling persons using water supplied by the Trust to keep their pipes, fittings, and other appliances in propcr repair; for preventing any alteration of or interference with such pipes or fittings without the consent of or notice to thc

Trust; for repairing such yipes, fittings, and appliances so

as to prevent waste of water, and for recovering the cost of

such repairs:

For preventing unauthorised persons using, directly or indirectly, water supplied by the Trust:

For regulating the number, form, material, dimcnsions, construc- tion, and arrangemerit of pipes, fittings, and other works supplying water from the irrigation worlis under the control of the Trust; the time of executing and the notices to be given for such works; the superintendence thereof; the making good and replacing ground which may be dis- placed in the course of such works; and for inspecting, at any hour, irrigation works, pipes, and fittings, whether situate within any buildings or otherwise:

And generally for more effectually cxercising the powers conferred upon the Trust by this Act, and for carrying out the pro- visions of the same in eyery particular. $El, E0

28 56" & 5 7 O VICTORIE, NO. 578.

The Renmark Irn'gation Trusts Act.-1 893.

PART v. 88, No such bylaw or regulation shall be repugnant to this or

NO b y - 1 8 ~ to be re- any other Act of the Legislature of the said province, or to the

pugnmt any law"eneral m force in the p ~ o - spirit and intendment of the laws in force in the said vince, or any regultl- province, or inconsistent with the trusts or purposes on which any tions~roclaimea by

the Governor.	land, hereditaments, or othcr proprrty may hc held by the Trust, or
with any regulations made by the Governor under any Act for the time being in force, and no Trust shall be authorised to inflict any punishment except by way of fine as above provided,
tion of repealed or

Saving of past opera- 89, Notwithstanding the repeal or alteration of any by-law or

altered by -law.

regulation, every offencc committed against such by-law or regula- tion before the repeal or alteration thereof, shall be adjudiiated upon, and punishrtl. and every act or p-oceeding done or com- menced, and every right, privilege, or pro tcc t ion acquired, and every liability incurred, shall continue, be prosecuted, and be of the same force and effect as if such by-law or regulation had not been altered or repealed.

from proceedings for

BY-hwnottooxempt 90. Nothing contained in any by-law or regulation shall be

nuisance. construed to exempt. any person guilty of a nuisance at common law from prosecution or action in rcspcct thcrcof, nor from the consequences of conviction thereof.

N O O ~ ~ to besubject 91. No person s h l l be prosecuted or punished for the ssmc

toadoubleproaecution	under this A C ~	and	offence under this Act or any bp-law or regulation made there-
any other Art.	under, and also under any other Act or any by-law or regulation made thcrcunder.

Facilities for testing	92. If any ratepayer of a district desires to dispute the validity of any by-law or regulation made or purporting to be made under this Act, such ratepayer may apply to the Supreme Court upon an affidavit setting out the facts for a rule calling upon the Trust concerned to show causc why such by-law or regulstiun should not be quashed for ill~galit~y, and the Court may make the said rule
absolute or discharge it with or without costs as to the Court shall
seem fit: Provided that no such rule to show causc shall be drawn up until such ratepayer shall have paid into the Supreme Court the sum of Fifteen Founds as security for the costs of the proceedings.

BY-laws to be 93. Xvery by-law or regulation made in pursuance of section H7

gazetted.	shall, after being approved by the Minister, be published in the
Government Gaxette, and shall horn the date of such publication have
the force of law within the district.

Minister may 94. The Minister may at any time after fourteen days' notice in

revoke by-laws. writing given to the chsirman of the Trust, rcvolrc, amend, alter, or add to all or any of such by-laws or regulations, and every order by which any of such by-laws or regulations shall be revoked, amended, altered, or added to, shall be published in the G'ovemment Gazette, and shall take effect and have the force of law from the time of such publication.

PART

56" & 5 7 O VICTOItIW, No. 578

me Renmark Irriyatio~z Dusts Act.-1893.

+ - -

PART VI. PART vr.

ASSESSMENTS.

bers enter into office, and whenever the Trust shall consider it meat, 95. (1) The Trust shall, as sooil as practicable after the mem- Trust to make assess-

necessary for the purposes of this Act, cause to be prepared and entered in a book to be called the "Assessment Book " an assessment, which shall corltain in the form in the Fourth Schedule hereto the name (as a ratepayer) of' every person who is the owner or occupier of ratable land, t o the estcnt in one block of half an acre or more, within the district, and the description, area, and situation of such land.

(2) Such assessment shall be signed in the said book by the chairman and two members and the secretary, who shall specify in snch book the date of such signature. And such assessment shall thenceforth become and remain binding on the ratepayers until a new assessment shall be in like manner prepared, entered, and signed.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

SCHEDULES

56" & 57' VICTORIAZ, No. 578. - -- - - -- - -

The Renmark Ii-riyatio?z Trusts Act.-1893.

SCHEDULES REFERRED TO.

THE FIRST SCHEDULE.

District of Ranmark Irriqation Trzlst, N o. 1.

The land comprised in thc plan lodged in thc Survey Ofice at Adelaide, signed by the Minister and the Surveyor-General, and in such plan margined pink.

THE SECOND SCHEDULE.

Declurathn verl;fying Petition.

I, A.B., of do solemnly and sincerely declare that a11 the

signatures [or, the case so require, szcch and such signatt~res, rZ~scribing them us initiuded or marked hy each declarant] affixed to the above petition are the genuine

signatures of the persons whose they purport to be, and that such persons are ratc-

payers [or as the case m a y be] of [districtJ.

THE THIRD SCHEDULE.

Nomination of Member.

The Renmark Irrigation District, No. Ar-nual election, 18 [cr as the case m a y be]

We, the undersigned ratepaycrs oE the district, do hereby nominate [here state names of candidafe], of as a candidate for the office of Member of the

Trust at the election to be held for the district on the day of

18 [/ i l l i n dute of nomination day].

[Signatures of nominators.]

Nomination of Auditor.

The Renmark Irrigation District, No. Annual election, 18 [or as the case m a y be].

W e, the undersigned ratepayers of the district, hereby nominate [here 8tate names

of candidate] as a candidate for the office of Auditor of the district a t the election

to be held on the day of 18 [$l2 in date of nomination cltzy].

[Signatures o f nominators. J

I, the above-named [candidate's nume],do here b y consent to the above nomination.

[Candidate's signature.j

THE

56" & 57" VICTORIW, No. 578. .-

The Retunark Irrkption. Trusts Act.-1893.

THE FOURTH SCHEDULE,

The Renmark Irrigation District, No. . Assessment Rook.

PART I.

No. or

Distinguishing Description of

No. Name of Occupier. Name of Omner. Mark of Area. Situation.

Lot, Section,	Property.
or Block.

-

General Rate

Special Rate

per acre	of
declared on the

per acre

1 &lnred

on the

Arrears of Bates. day of 18 day of 18

for the half year for the half yew l

cndin~ 18 I Remarks.

l8 l ending

Amount. I When Paid. / 1 1 ;$F, . / ;ir

THE FIFTH SCHEDULE.

ATotice of Assessment.

The Renmark Irrigation District, No.

The Renmark Irrigation Trust, No. have caused to be made an

assessment of all ratable land within the district, with the names of the owners and occupiers, so far as known, of such land; and copies of the assessment

have been made, and such copies are deposited at [here state where the copies	are deposited], and are open for in~pection a t all reasonable times; and any person
intending to appeal against the assessment may do so by notice, as required by " The Renmark Irrigation Trusts Act, 1893," within twenty-one days from the publication of this notice in the Government Gazette.

Dated the day of , l 8 .

f Signed) A. B., Chairman (or Secretary).

Notice of Assessment by ucloplion of previous Assessment [a?bd of new Assessment of

portion not previously assessed].

The Renmark Irrigation District, No.

Assessmcnt made the day of , 18 , by the Renmark

Irrigation Trust, No. The Renmaik Irrigation Trust, No. have caused to be made an assessment

of the ratable land within the district by adopting the above-mentioned assess- ment, with and subject to certain alterations (or additions), [and have cau~led to be made an assessment of all other ratable land within the above district].

CO ies of the adopted assessment so altered for added to) [and of the said assess-

rnentg are d e p i t e d at [here stvte where the copes are depodted], and are open for

inspection at all reasonable times. Any

H-578

56" & 57' VICTORIW, No. 578.

The Renmark Irrigation Trusts Act.-1893.

Any person intending to appeal against either of the said asscssmcnts may do so

in manner required by " The Renmark Irrigation Trusts Act, 1893," within twenty-

one days from the publication of this notice in the Government Gazette.

Dated this day of

/ S igned) A, B., Chairman for Secretary).

Notice o f Alteration or Rect@cation o f or Addi t ion to Assessment.

The Renmark Irrigation District, No.

Assessment made the day of , 18 .

The Kenmark Irrigation Trust, No. have caused the following alterations

/or rectifications, or additions, as the case m a y be) to be made in the above-mentioned

assessment, that ir~ to say [here state nature 01 altercclions, rrctijcations, or additions].

Copies of the assessment so altered for rectified, o r added to) are deposited a t [here

state where the copies are deposited], and arc open for inspection at all reasonable

hours.

Any person intending to appeal against such alteration for rectification, or addition) may do so in manner required by " The Renmark Irrigation Trusts Act, 1833," within twenty-one days from the giving of this notice.

Dated the day of 18 .

fSigned) A. B., Chairman /or Secretaryj.

THE SIXTH SCIIEDULE.

A'otice of Appeal f r o m Assessment.

18 .

Take notice that I appeal to the Renmark Irrigation Trust No. (09.

Local Court of	of full jurisdiction,	as the case m a y be) against
the assessment of my land,

section (or block or Asses~ment No. [or as the case m a y be] on

the following here set forth grounds of appeakJ.

LSignature of Appelhznt, hy himself or his Agent 3

To the Secretary of the Renmark Irrigation Trust No. ;

or to the Secretaiy of ihe Renmark Irrigation Trust No. ;

and to the Clerk of the Local Court of [as the case m a y he].

T H E SEVENTH SCHEDULE.

Notice of Appeal f r o m the Decision of the Trust.

, 18 .

To the Secretary of ~ h c Renmark Irrigation Trust No. , and to the Clerk of

the Local Court of

Take notice that i t is my intention to appeal to the Local Court of

of full jurisdiction, from the decision of the Renmark Irrigation Trust No.

on my appeal thereto against the assessment of my land, section (or block or lot) No., Assessment No. [or as the case m a y be], on the following grounda

[Acre set Jorth g, ounds of appeal].

[Signature of Appellant, 6y himsetf or h is Agent.]

THE

VICTORIA, No.

Thre Renmark Irrigation fiusts Act.-l 893.

THE EIGHTH SCHEDULE.

Notice of General or Special Rnte.

At a meeting of the Renmark Irrigation T r u ~ t No. duly held on the

day of , a general (or special) rate for the half year cnding

, 18

was declared of per acre upon the land included in

the assessment for the district; and all persons liable are required to pay the amount

of the rate, according to the assessment, to the secretary (or other oflcer), at the

Trust office.

Dated the day of 28 .

(Signed) A.B., Chairman (or Secretary) of

the Renmark Irrigation Trust No.

Notice o f Letting ov $elliny Land for Arrears o f Rates.

The Renmark Irrigation District No.

There is now due, in respect of the land (or lands, as the cnse may be) mentioned in the schedule hereto the sum (or respective sums) set opposite to the description of such land ( o r lands) in the schedule, for a rate (or rates) declared b y the Renmark Irrigation Trust No., for the half year ( o r half years) cnding as in the said schedule mclltioned; tlnd the owner (or owners) of such land

( o r lands) arc required to take notice that unlcss the amount (or amounts)

SO due, together with the costs of and attending this notice, be paid in one

year from the first publication of this notice, the said Trust will let the Rame in

manner provided by " The ltenmark Irrigation Trusts Act, 1893," or an application will he made by the said Trust to the Supreme Court for an order for the sale of the said land (or lands) or so much thereof as may be necessary to produce the rates so due and costs as aforesaid, and also the costs of and attending the said application.

Dated this day of , 18 .

Chairman (or Secretary).

Description of Land-by h*ame of Owner, or

numbcru or Orrner !Or Number of IIalf Dnte of ending of last Amount

di~tinguishing l n r r k ~ of Yeara tor which IIalf Year for which of

Lota, Sections, and Blocks or other description. Bates in wrcar. Rates i n arrear. Rates.

R t ~ ~ k ~ o ", ", ~. e '

THE TENTH SCHEDULE.

Rates Declared By the Company.

. - -.- -.

In respect of what shares in Amount per

No. When Declared. Ir'or what Pcliotl. the Company rate declared. Share.

- p- .

--

2 April 3rd, 1893 Six months ending All shares issued or Ten shillings

June 30tb, 1893 agreed to bc iesuud

l

as at December 3 lst,

1892

2 June 30th, l893 Six months ending All shares issued or

- Ten shilling$

December 3 1 st, 1893 agreed to be issued

2 as at June 30th, 1893

THE

56' & 57' VICTORIE, No. 578.

The Rmmark Irrigation Trusts Act. -1 893.

THE ELEVENTH SCHEDULE.

Agreement between Company and Chafey Brothem, Limited.

An agreement made the 31st day of December 1892 Between llenmark Irrigation Company Limited a company registered and incorporated in the Province of South Australia undcr the provisioris of "The Companies Act 1864" and having its registered office at Murray Avenuc lienmark in the said province (hereinafter with its successors and assigns termed " the Irrigation Company7') of the first part and Chaffey Brothers Limited being a company established and incorporated in the colony of Victoria uridcr the provisions of " The Companies Statute 1864" and having its registered office at Temperance Life Buildings Swanston-street Melbourne in the colony of Victoria (hereinafter with its successors and assigns termcd " the contractord') of the second part: Whereas the Irrigation Company is a company whose objects as describcd in its rucmorandun~ of association and provided. for by its articles are, amongst other purposes to secure to all persons who shall become members of the Irrigation Company and shall be holders of any pzrcel or parcels of the two hundred and fifty thousand acres more or less of Crown lands under licence by indenture dated the 3Gth day of May 1887 from Her Majesty to George Chaffey and William Benjamin Chaffey a sufficient water right to be held with and to run with such parcels as a perpetual eafiement within the intent and subject to the covenants in that behalf by the licencees in the said licence contained And also to enter into any contracts or agreemcnts with Chaffey Brothers Renmark Limited or (subject to the previous written consent of the said Chnficy Brothers Renmark Limited. with any other person or corporation for the supply of watcr to the Irrigation Company or fur carrying into effect all or any of the objects of the Memorandum of Association of the Irrigation Cornpany ,4nd whereas the said Chaffey Brothers Renn~ark Limited (a company registered and incorporated in the said colony of Victoria) has been dissolved pursuant to the " Compxnics' Statute 1890" of the said colony the liquidator thereof having on the 30th day of Sc~ tember 1890 dulv made and filed x return of thc holdi~irr of the f ind meeting of

thi said Chaffey ~ r o t b e r s Ttenmark Limited And whereas by d i ~ e r s m&e

assignments in thc law all that the right title estate and interest of the said George Chaffey and William Benjamin Chaffey under and derived from the said indenture of licence and from the agreement thcrcin referred to in and to the lands and concessions rights privileges and licences therein mentioned and in and to all the irrigation works and substnntial and permanent in~provemmts made and bcinp made upon the lands comprised in the samc licence and agreement have been assigned and transferred unto the contractors their succcssors and assigns And whereas the Irrigation Company in pursuance of snch its objects and powers as aforesaid and of an agreerncut mnde between the Irrigation Company the contractors the liquidator of the said ChaEey Brothers Kenrnarlc Limited and the raid Chaffey Brothers llcnmnrk Limited datecl the 23rd day of December 1890 and of all other powersand authorities i t thereunto enabling has hitherto taken and diverted water from the River Murray for the objects and purposes of the Irrigation Cornpany Nolv this agrccmcnt witnesseth

Contractors acknowledge	l. ' lhe contractors hereby acknowledge to haw received from the Irrigation C'ompany in good order and condition the pumping apparatus machinery works reservoirs dams conduits channels sluices pipes and all other the propcrty received or usud by the Irrigation Cornpmy under and pursuant to the said agreement of thc 23rd day of December 1890
reccipt of machinery, &c.
Contractors to pump and	2. The contractors shall for the purposes of this agreemeut and of the said agreement of the 23rd day of 1)ecembw l890 and of the lrrigation Coinpally for a period cornnlencing on the day of the date hereof and expiring on the 30th day of May 1908 take ancl divert water from the River Murray in such a nunner as is permitted under the said licence and in the same proportion at least to the total quantity of water which for the time it shall be lawful for the contractors to tiike under the said licence or any future licence or licences issued pursuant to " The Chaffey Brothers Irrigation Works Act, 1887 " as the number of acres for the time being held by shareholders of the Ir<igation Company and under irrigated culture (not including lands set apart for town allotments as mentioned in article 9 of thc Irrigation Company's articles of association) shall bear to the total number of acres for the time being under irrigated culture within the meaning and for the purposes of the said license or any future licence or licences as aforesaid Provided that the contractors shall not be required to pump water in excess of the quanticy actually
distribute water for a
period of fiiteen yeam.
required from time to time to be used for irrigation and domestic purposes And

.

will

No.

The Rmmark Jrrigation Trusts Act.--1 893.

will subject as hereinafter appeardur ing the said period distribute such water (less a reasonable allowance for evaporation and other unavoidable loss) in manner required by and so as to satisfy the purposes conditions liabilities and engagcments in that behalf expressed by and contained in the said licence and in all engagements in that behalf to which both tlie Irrigation Company nntl the coritractors are parties entered into or to be entered into Provided always and this clause shall not apply to land set apart for town allotments

3. 'The contractorb will with a11 reasonable speed at their own costs and chargcs in all things line or othcrwisc makc or render reasonably watertight ancl will tlwcafter	maintrill channel6 &c.
Contrltctors to line and
and keep works &c.
so maintain all now cxivting chunncls and otllcr aqueducts made by the contractors	in repair &c.

or their predeccssors under or in pursuance of the said licence or of " The Cliaffey Brothers Irrigation Worlrs Act, 1887 " or thc ngrcemcnt in the schedule thereto or in pnrsuauce of the purposes of the said liccncc Act or agreement And all channels and other aqueducts which shall hereafter bc made by the contractors under or in pursuance of the same licence or any such future licences s s aforesaid or under or in pursuance of thc same Act or agreement or in pursuance of the purposes of the said licence or licences Act or agreement And also all ch:rnnels and other aqueducts now made or hereafter to he made by the contractors under or in pursuance of any agree- ment heretofore or hereafter eritwed into by the contractors for the conveyancc of water for the benefit of any person who is now or herealter shall be a shareholder of the Irrigation Collipany but as to any such agreement as last mentioned this yara- graph shall only apply to channels and aqueducts for the corivcjwice of wnter to the highest corner of each allotment or to snch othcr !mint as may have been agreed to bv the ~ a r t v entitled to thc benefit of the water under the same aereemcnt And 4 L>

also will during the said period mentioned in paragraph 2 hereof properly clearlsc maintain and keel) in repair tllc said chanllels and aqueduct and also all pumping apparatus macLinerv works reservoirs ernbal~klnents d, ~ n ~ s conduits races sluices pipes

&d all other built or constructed or which during thc said period shi l i or

may be built or constructed for thc purposcs of the &aid agreenlc~lt of the 23rd day

of Dccember 1890 or of this a,orcemcnt rind will inclctirllify 3 r d hold harn~lcss the Irrigation Compsny from 2nd against loss and damago arising horn the defective condition thercof a i d at the expiry of the snmc period will leaye and yield up to the Irrigation Company all such channcls aqncductr pumping apparatus machinery works reservoirs dams conduits sluices yipcs and other property as aforesaid i n good order and condition

4. The contractors shall forthwith prepare with all necess~wy plans arid specifi- Manner of distribution

cations a scheme for the diatributivn of water for tlie purposes of this agreement in	of water.
relation to the area sold and to be served or ar far as the same ran br set ont which scheme shall show the subdivision into convenient sections for the purposes of irri- gation of the lands to be supplied with wntcr t1.t~ chtcs w h ~ n and the quantities in which

water is to be suuoli~rl to each section ancl a11 other inforn~ation necessarv 01 desir-

I I

able for the purposes of such scheme and of this agr~emcnt l'rovided that the	contractor need not furnish any shareholder with m(lter ofteuer than once in every	thirty days and this proviso is not subject to arbitration or variation except by mutual
c o n s e ~ ~ t Every such scheme shall w h t ~ ~ prepared be iinnlediately submitted for
approval to the directors of the Irrigation Couip~ny by icaving tllc same for thorn a t
thc registered office of the company and the directors s l d l bc deemed to hare approved of the same utlluso they shall signify their disapproval tllcrcof withill four- teen days froin thc time when the scheme shall be so lcft by writteu notice uildcr the seal of the coxupally and thc hands of the directors seut through the post in a rcqis- tered letter addrcsscd Chaffev Brotllcrs JAnited Ncnmark " or tlelivc~ed at the lace of business of the contractors i t llcarnarlr If the directors shall so rignify their: dis- approval of the scheme and the grounds of such disapproval the same shall be referrcd to arbitration u ~ ~ d c r the pro~isions of paragraph 9 hereof and the arbitrators shall hare power to approve of thc scheme on bclialf of the d~rcctors either as sub- mitted or with such modifications as they shall think proper and such scheme when so approved shall be binding on thc coutractors and the Ilrigation Compmy until superseded or varied under the provi4ons hereinafter conti~ined The contractors may at any time and from time to time during the continuance of this agreement submit
as aforesaid to the directors for approvdl a fresh scheme or a modification of or addi-
tion to any existing scheme and the provisions hereinbefore contained with regard to the scheme to be forthwith prepared shall apply to such fresh schcme or to such modification or addition The directors may at any time during the continuance of this agreement give notice to the contractors posted or left as is provided with regard to the disapproval of a scheme that they require the contractors to submit as afore-

said

VICTORIE, No.

The Renmark Irrigation Frusts Act.-1893.

said for the approval of the directors a fresh scheme or a modification of or addition to any existing scheme and if the contractors shall so submit the same within twenty-one days from the requisition being so posted or left the provisions hereinbefore contained with regard to the scheme to be forthwith prepared shall apply to such fresh scheme or to such modification or addit~on but if the contractors shall not so submit a frcsh scheme or a modification or addition as the case may be within the said period of twenty-one days the requisition of the directors in that behalf shall be referred to arbitration under paragraph 9 hereof and the arbitrators shall deal with such requisi- tion as they shall think proper and may either reject the same or may settle a Srcsh scheme or a modification of or an addition to any existing scheme which shall be binding on the contractors and the Irrigation Company until superseded or varied under the provisions hereinbefore contained

Contractors to acoept

and diecharge certain 5. The contractors shall accept carry out pay and discharge all thc rcsponsibililics

responsibilities and	engagements and liabilitiew heretofore entered into or incurred by the Irrigation Com-
liabilities of Irrigation
Company.	pany and set forth in the schedule hereto annexed which responsibilities engagements and liabilitics are for the purposes of the Stamp Act 1886 estimated not to exceed the sum of £2,500 and the contractors shall credit to the Irrigation Conlpany towards moneys to become due by the Irrigation Company to the contractors hereunder the sum of $121 15s. (being for Irrigation Company's shares issued) and the Irrigation Company hereby assigns and transfers to the contractors all the rnomble gocds chattels and effects belonging to the Irrigation Company
Pa ment to contractors.
Re{ ates and release by	6. The Irrigation Company will pay to tl,e contractors at Rcnmark aforcsaid on the 1st day of Jannary and the 1st day of July in every year of the said period (except for the year 1908) an amount equal to 10s. for every share in the Irrigation Company which shall on the 1st day of January and July respectively in each such year be held by any person or pcrsons or corporation or corporations excepting shares held in respect of lands set apart for town allotments as mentioned in article 9 of the Irrigation Company's articles of association and excepting the seven share.; agrecd to bc taken by the subscribers uf the memorandum and articles of association of the Irrigation Company and for the part of the ycar 1908 which is embraced within the period provided for by paragraph 2 the sum of 8s. 4d. for every such share And the Irrigation Company will from time to timc issue shares to all purchasers of land and thcir transferrees and other persons as provided by its articles of association and mill duly vest one share in every such purchaser or transferree of such land or in such other person as aforesaid for every acre held by him and will duly make or declare the assessn~ents and rates and do all other acts and deeds from time to time necessary to raise obtain ancl providc the said amounts pajable to the contractors and will duly collect get in sue for recover ancl receive the said rates aforesaid and will from time to time pay Ihe said amounts to thc contractors as the salnc shall become duc and subject as hereinafter appears and will not otherwise deal with charge or dispose thcreof The costs and expenses of and incidental to the collection and getting in of the said rates shall bc borne by the contractors ilnd the said arnvunt shall from timc to time except as to the said sum of 8s. 4d. per shale be payablc in
them of unpaid rates.
advance and by two equal instalments the one on the 1st day of January and the other on the 1st day of July in each year as aforesaid the first instalment to be paid
on the 1st day of January 1893 and us to the said sum of 8s. 4d. per share the same shall be payable on the 1st day of January 1908 Provided that in cases of shams held in respect of lands of which the purchase-money or any part thereof has been paid to Chaffey Brothers Limited or their predecessors prior to the 1st day of November 1892 the contractors shall in each half year during the continuance of this agreement rebate and allow to thc Irrigation Company in respect of each such share the sum of 2s. 6cl. for the benfit of the person holding such share Provided also that thc amount of all rates heretofore paid to the Irrigation Company or the contractors in lespcct of horticultural lands shall be credited by the con- tractors to the Irrigation Company and the Irrigation Company hereby declares that such credit is taken by it for and on behalf of and in trust pro rnta for thc rcspectivt. persons who shall at the date hereof be the holders of the shares in resrcct of which such rates were so paid Arid also that all unpaid rates on horticultural lands are hereby released and discharged

S ~ c ~ r l t y to be given by 7. For the purpose of providing for and ensuring the due performance by them of fhe stipulations and agreements herein contained the contractors will on the 1st day of January 1893 and on the l c t day of January in each of the four next succeeding years and also (subject as is hereinafter provided) on the 1st day of January in each following year during the said period (excepting the year 1908) set apart 200 acres of irrigable land (hereinafter termed the " trust lands") being portion of the said

eonbactor~, and

management thereof.

250,000

VICTORIE, No.

The Renmark h.r[qution Trusts Act.--1893.

250,000 acres and being land which shall be ~ e s t e d in them in fee simple or being land which they shall be entitled to have rested in them in fee simple and such trust lands shall from time to time he selected by lot bp the directors in parcels of not less than 40 acres from an area or areas aggregating at least 1,000 acres to be submittcd by the contractors for that purpose at least two weeks prior to each such 1st day of January as aforesaid and forthwith after such selection the contractor shall transfer the fee simple of the trust lands so from time to time to be selected as aforesaid to or otherwise vest the same in three trustees one to be appointed by the Irrigation Company one by the contractors and the third by the trustees appointed by the Irrigation Company and the contractors on trust to Ict the same in parcels of not less than ten acrcv for any term of years in possession not exceeding the tcrm then unexpired of the said period provided bg paragraph 2 at the best rent for the time being obtainable for the same and either with or without a right of purchase and otherwise on snch terms and conditions as the said trustees shall think fit The said trust lands shall be submitted by tender for lease and if a right of be reserved or given to the lessee under any lease such right of purchase shall be in respect of an area of not less than ten acres and shall include a water right and the purchase money shall not be less than at the rate of $35 per acre and on f~lrtlier trust to receive and recover the rents reserved or other the income which shall or may from timc to time accrue and arise for and in respect of the trust lands and thereout to pay all expenses which in the opinion of the said trustees are or may be incidental to the carrying out of the said trusts including the costs of care and management of the said trust lands or any part thereof and also reasonable remuneration to the said trustees for their services as such and from time to time to invest the remainder if any of the said rcnts or other income and the resulting income and accumulations thereof all hereinafter included in the tcrm " thc trust funds" in the names of the said trustees upon mortgage of real estate in South Australia whether on any portion of the said 250,000 acres or otherwise

or on Government securities or on deposit in any incorporated bank carrying

on business in the said province And further to hold and to dispose of the said trust lands and trust funds and the securities from time to time representing the same or on which the same may be invested in manner and for the pur- poses directed by any award or awards made pursuant to paragraph 9 And in the absencc of any such award or awards or to the extont to which the same sllall not affect the said trust iands and trust funds the same or the balancc thercof and the securities representing the same shall at the expiry of the said period belong to and become and be invested in the contractors absolutely Provided always and ~t is hereby expressly agreed and declared that after the expiration of the first five years of the said period the contractors shall not be required to set apart transfer or vest as aforesaid any further or othcr lands under the provisions herein contained unless and until thcrc shall h a w bccn for a period of six culcndar mo~lths after the date fixed in that bchalf in some award of arbitrators under this agreement a non-com-

pliance with or non-performance of ~ u c h award on the part of the contractors in which	case the contractors shall on the 1st day of January following the date of the
expiration of such period of six calendar months and on each subsequent 1st day
of January during the said period set apart vest and transfer trust lands in manner. -
aforesaid
8. While any trust lands held by the trustees under paragraph 7 hereof shall be unlet the contractors will make a rebate to the Irrigation Conlpany of all moneys to which they shall be entitled under paragraph 6 hereof with regard to the shares in the Irrigation Company held in respect of such lands such rebate to be for the benefit of the holders of such sharcs lands while unlct.

No rates on security

9. If and so often as any dispute shall arise between the Irrigation Company and the contractors as to their respective liabilities under these presents or as to the nature and extent thereof or as to the due performance by the contractors of their obligations herehy created or as to the reasonable construction or intent of this agreement or as to any matter provided for or arising under paragraph 4 hereof or as to what is in any case to be deemed a reasonable performance of or compliance with any covenant or condition herein exyresscd such qucstivn or dispute is to be referred to and settled or determined by arbitration which shall be conducted under '' The Arbitration Act 1891 " provided that there shall be three arbitrators who shall be appointed by the Supreme Court or a Judge thereof on the application of the company or the contractors. The decision award or other act of any two arbitrators in relation to the reference or arbitration shall in case of difference on the part of the third arbitrator be valid and sufficient Arbitration clause.

VICTORIA;,, No.

The Rerimark Irrigation !lkusts Act. -1 8%.

Arbitrator# may direat	10. On any reference under this agreement the arbitrators may (in addition to any other award they may have power to make) make such award and give such direc- tions with regard to the sale and disposal of the trust lands and trust funds provided for by paragraph 7 hereof and with regard to the paynlcnt to the Irrigation Company or to any other person or persons of the proceeds of such trust lands or of such trust funds as an indemnity or satisfaction to the Irrigation Company or such other person or persons for the non-performance or non-compliance by the contractors of or with all or any of the stipulations or agreements herein contained or otherwise as the arbi- trators may think proper
rale.
Further assuranoe.	11. Each party to these presents will execute all such documents and do all such things as may from time to time and at all times become necessary for the more effectually carrying out of thc reasonable intent of these presents including the giving of everv reasonable facilitv to the contractors for linine the channels as aforesaid and includi& also the pornot& and passil~g of an Act of l'arlixment for the purposes of more effectually carrying out the objects of this agreement and all other purposes mutually agreed upon by the Irrigation Company and the contractors
Proyiaionsnot to extend
to town lands.	12. And i t is hcrcby agreed and declared that anything hereinbefore expressed or implied to the contrary notwithstanding the provisions hereof as regards the supply of water or lining and maintenance of the channels and other aqueducts works and machinery &all not extend or apply to land et apart for town allotments as mcn- tioned in article 9 of the Irrigation Company's articles of association or to works in connection therewith but that the supply of water to such land and the consideration money or water rate in respect of water supply to the same shall be such as may hereafter be decided

13. This agreement may bc modified as the partics map mutually agree

14. The said agreement of the 23rd day of December 1890 is confirmed subject to

the variations and modifications hereby effected

15. The marginal notes are for the purpose of convenient reference only and are not to be taken into consideration in construing this agrccmcnt

As witness thc common seal of the said Chaffky Brothers Limited ancl the common seal of Kenmark Irrigation Company Limited the day and year f ir~tly	hereinbefore
written

Chaffey Brothers Limited has hereunto

affixed its common seal

J. E'. IAEVIEN Directors (Seal of

GEO. ClIAFFEY I Chaffey Brothers

P. BELL Acting secretary ~ i m i t e d )

Renmark Irrigation Company Limited has

hereunto affixed its common seal

(Seal of

Kenmark Irrigation

C. H. HOLLINGD'RAKE, Secretary Company ~ i G i t e d )

Liabilities of .Trrigation Compuny in terms of yamgraph 5 hereof.

Name of Creditor.	Amount.
£ S. d.

Chaffey Brothers Limited ............................ 1,425 13 2

Chaffey Brothers Limited (O'Connor's judgment assigned).. 96 9 6

Fisher & Culross (law costs and disbursements) .......... 106 15 0

Sundry accounts about ................... .. ........ 75 0 0

Wagesabout ...................................... 500 0 0

As per particulars appearing in a list signed by William Henjamin Chaffey on behalf of the contractors and by C. H. Hollingdrake on behalf of the Irrigation Company

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Adelaide : By authority, C. E. BRISTOW, Government Printsr, North-terrace.