Suburban Waterworks Act 1870 (SA)

AWN0 TRICESIMO TERTIO ET TRICESIMO QUAETO

VICTO EGINB.

A.D. 1870-71.

No. 14.

A ~ L Act to provide for the Water $upply of the Suburbs of the City

qf Adelaide.

[Sssented to, 13th January, 1871.1

?AS it is expedient that provision should be madc for I'reamble.

W"""" habitants of' the Suburbs oi' thc City of Adelaide, and for raising introducing a supply of pure water for the use of the in-

the ncccssary funds for the said purpose in manner hereinafter mcn-

tioned: And whereas a plan, showing the Districts which it is pro- posed to supply, has been deposited in the office of the Surveyor- General-Be it therefore Enacted by the Governor of the Province

of South Australia, with the advice ancl consent of the Legislative

Council and House of Assembly of the said Province, in this present

Parliament assembled, as follows:

1. This Act may be cited and referred to, for all purposes, as Short titlc of ~ c t.

"The Adelaide Suburban Waterworks Act, 1870-71."

2. Clause 73 of "The Adelaide Waterworks Act, 1868," and Repeal.

clause 14 of " The Waterworks Act, 1868," are hereby repealed.

3. This Act and " The Adelaide Waterworks Act, 1863, shall, be Incorporation.

incorporated and read together as forming one Act.

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

Waterworks Act, 1863," when not inconsistent with the context, the expression "The undertaking" shall, in addition to the meaning as- signed thereto by the said " The Adelaide Waterworks Act, 1863,"

be taken to mean and include the Waterworks and the works con-

S nected

33" & 340 VICTORIB, No. 14.

Adekuide Suburbon TYnterworks Act.--1870-7 1.

nectcd therewith hereby authorized to be constructed; and the expression "Lands and streams" shall, in addition to the meaning assigned thereto by the said Act, be held to mean and include the lands and streams of water hereby authorized to be taken or used for the purposes hereof; and whenever in the said Act the expression'

"The Waterworks" is used, the same shall also be taken to mean

and include the waterworks and works connected therewith hereby

authorized to be constructed.

Treasurer to raiso

€114,000. 5. I t shall be lawful for the Treasurer, for the time being, of the said Province, from time to time, to issue bonds, not exceeding in the whole the sum of One Hundred and Fourteen Thousand Pounds, for such amounts as he may deem expedient, and such bonds shall be in the form following, that is to say-

Form of bond. No. s No. South Australian Government Securitics.

--

I, the Treasurer of the Provincc of South Australia, in consideration of the sum of Pounds, paid to me for public purposes, Jo hereby bind myself to pay to the holder for the time being of this present obligation, the sum of Pounds, and interest thereon dtcr the rate of five per cent. per annum; such interest to be payable on the first day of January

and the first day of July in every year, and the prin-

cipal to be paid on the first day of, in the

year one thousand hundred and

Sealed with my seal. Dated the day of

one thousand eight hundred and

Signed, scaled, and delivered, in

the presence of

NOTE.-hterest and Prim@aZ payable at the Treasury in other agreed place to be declared at the time of issue at such placc as may be appointed, by notice to be given in the Soutlz Austmlian Governme~zt Gazette and in the London Gazette.] Adelaide, South Australia [or in London, or in any

Bonds to bear intereat 6. The said bonds shall bear interest at the rate of Five Pounds per centum per annurn, and the interest and principal upon such bonds shall be payable and paid to the holder thereof, at such place

at f i ~ e per cent.

T h e n payable. and time as may be specificd or provided therein: Provided that the principal shall not be payable or paid before the expiration of twenty-five years, and the time appointed for payment thereof shall not extend beyond fifty years.

Ilioncy raised by 7. All sums of money raised and received by the Treasurer upon

boudq how applied, the security of the said bonds shall be carried by the said Treasurer to the credit of the Commiesioncr, for the construction, completion,

and

53" & 34" VICTORLB, No. 14.

Addaide Sicburban Waterworks Act.-1870-71,

and management of the said suburban waterworks, and other works connected therewith, for the supply of watcr to the districts deli- neatcd in the said plan so deposited in the office of the Surveyor- Gcncral, and described in the Schedule hereto marlied A, and shall bc by him paid to thc said Commissioner, in such amount and man- ner as the Governor, by any warrant under his hand, may from time to time authorize and direct.

8. Thc said Treasurer shall, and is hereby required, in each and every year from the first raising of any sums of money under the	Sums
annually for payment

to be set apart

of principal and ill-

authority hereof, until the wholc of the amounts so raised, and all	terest.
interest thereon, shall have been duly paid, to set apart such sum as shall suffice to pay the amount of bonds redeemable during such year, together with intcrcst upon all bonds which shall thcn bear interest, and shall apply such sums in payment of such bonds and interest as aforesaid, in manner specified in such bonds,

9. The Governor may, from time to time, by warrant under his	Governor may ad-
vance moneys, to be

hand, authorizc the Treasurer to advance and pay to the said	repaid.
Commissicmcr, for the purposes of this Act, any sums of money not exceeding in the whole the sum hcrcin authorized to be raised; and any sums of money so advanced and paid shall bc retained by the Treasurer out o f any moneys raised by him under authority hereof.
10. The Comlnissioner shall in each year cause an account in abstract to be prepared of the whole receipt and expenditure of all	Annual account to bo made up by Commis-
sioner, and published
moneys advanced to him, for the year preceding, uncter the several	in Gazette.
distinct hcads of receipt and cspendit~zre, wit11 a statement of the balance of such account, duly auditcd and certificd by the Auditor- General; mid a copy of such account shall, on or before the thirty- first day of December, in each year following, be published in the
South Australian Government Gaaette.

11. A full and sufficient supply of watcr shall be affordcd to the Water for strects and Corporation buildings

Corporation of the City of Adelaide, for the purpose of watcring the .,,

,,,ha,a

streets of the said City and to all the buildilqp and establishments

of the said Corporation free of charge.

12. The said The Adelaide Waterworks Act, 1863," shall be read Powers of Commis- pioner under Adclaide

as if the works hereby authorized to be constructed had been thereby \Vaterworks Act to

authorized to be constructed, and all powers, authorities, and discre- extend to this-Act-

tions thereby given to the Commissioner, or other person, shall

extend to the worlcs hereby authorized to be constructed.

13. The Commissioner shall, on such days as shall be respectively Commissioner to make

fixed in that behalf, by notice in the South Australian Government aa8es'ment.

Gazette, and every year thereafter, make and bring into forcc an

assessment of any lands within the districts in the said Schedule hereto, marked A, described, not being the property of the Crown, according to the full, fair, and average estimated annual value of the same, clear of all outgoings, and the assessment shall be written

in

33" & 3 4 O VVICTORIB, No. 14.

Adelaide 8uburban Waterworks Act.-1 87 0-7 1.

h a book, specifying inl. different columns the names of the respec- tive occupiers and owners, or agents of owners, so far as the same can be ascertained, the estimated annual value of the several lands, and description of the same, showing which of the said lands are vacant lands, and all the provisions in the said " The Adelaide Waterworks Act, 1863," in relation to the assessment thereby authorized to be made, shall apply to the assessment hereby authorized to bc made (so far as the same are applicable thereto), as f~llly and effectually as if the assessment hereby authorized to be made had been authorized to be made by the said Act.

Pmvisions as torates

in Adelaide Water- 14, All the provisions of the said '<The Adelaide Waterworks Act,

works A C ~ to apply to 1863," in reference to rates, procedure, accounts of receipt and

this A C ~.	expenditure, penalties? fire plugs, and all other provisions of the said Act (and the form in the Schedules to the said, altered as may be required) shall apply to the undertaking hercby authorized (so far as the same are applicable thereto) as fully and effectually as if the said undertaking had been authorized by the said Act.
Govanor in Council
may mnkc by-laws.	15. For the better enforcing the observance of all or any of the provisions of this Act, or of " The Adelaide Waterworks Act, 1863,"
it shall be lawful for the Governor, with the advice and consent of
the Executive Council, from time to time, to make by-laws, and from time to time to repeal or alter such by-laws; and every person offending against any such by-lams slrdl forfeit and pay for every such offence such sum, not exceeding Ten Pounds, as may be by any such by-laws iniposed; ailcl any such fine or penalty may he recovered in a su~mnary way, by and before two Justiccs of the Peace for the said Province, in thc same maiiner as if the same had been imposed by this Act or by " The Adelaide Waterworks Act,
1863."

Proof of by-laws. 16. The production of a printed paper, purporting to bc n South

Austmlinn Gove~~tme?~ t Gazette, shall be printci faczc evidence that

any such by-laws printed therein, ~ ~ ~ ' p o r t i i l g to be macic under the

provisions hereof, have been so 1na.d~.

In the name ;tnd on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor,

SCHEDULE

33" & 34" VICTORIB, No. 14.

Adelaide Suburban Wkte~works Act .1870-7 1.

SCHEDULE A.

Township of Payneham.

Bounded on the north, by portion of the southern boundary of Preliminary Section 305, Hundred of Adelaide; on the south, by the northern boundary of Section 264; on the east, by the western boundaries of Sections 265 and 2042; and on the west,

by portion of the eastern boundary of Preliminary Scction 279.

Totunship of Kensington,

Bounded on the north, by a line about sixteen chains south of and parallel to the north boundary of Preliminary Section 288, Hundred of Adelaide; on the south, by the northern boundary of Preliminary Section 290; on the east, by portion of the western boundary of Preliminary Section 301, and the western boundary of Preliminary Section 300; on 'the west, by portion of the western boundary of Preliminary Section 288, and western boundary of Preliminary Section 289.

Township of Norwood.

Bounded on the north, by thc southern boundaries of Preliminary Scctions 259 and 278, Hundred of Adelaide; on the south, by the northern boundaries of Preliminary Sections 262 and 275; on the east, by the western boundaries of Preliminary Sections 288 and 289; and on the west, by the eastern boilndary of Kent Town; also including road dividing Preliminary Sections 278 and 279, from Sections 264, 2041, and Preli- minary Section 287.

Bounded on the north, by portion of the southern boundary of Preliminary Section 2'79; on the east, by the western boundary of Preliminary Section 278; on the south, by the northern boundary of the Township of Norwood; on the north-west, by the eastern side of the Main North-Eastern Road, being the whole of Preliminary Section 259, Hundred of Adelaide.

Kent Town.

Bounded on the south-west, west, and north-weet, by the south-western and western boundaries of Preliminary Section 255, and south-eastern boundary of Pre- liminary Section 256, Hundred of Adelaide; and on the east, by the western boundaries of Preliminary Sections 260 and 261.

Townsh+ of Hackney.

Bounded on the north-east, by the south-western boundary of Preliminary Section 257, Hundred of Adelaide; on the south-east, by the north-western boundary of	Kent Town; on the west, by the eastern side of road dividing Park Lands from
Preliminary Section 256; and on the north-west by the River Torrens, being the whole of Preliminary Section 256.

Township of WnZltcrviZZe.

Commencing at the north corner of Preliminary Section 476, Hundred of Yatala; thence south-easterly, along the north-eastern boundary of said Section to River Torrcns; thence in a westerly and southerly direction, follcwing the north side of said River to the eastern corner of Preliminary Section 4'15 ; thence north-westerly, along the north-eastern boundary of said Section and its production to the south- eastern side of road running through Preliminary Section 474; thence north-easterly, along the south-eastern side of said road to the north corner of Section 476, the point of commencement.

TownshtjJ of il.fediltdie.

Commencing at the south corner of the Township of Walkerville; thence in a,

north-westerly and southerly direction, following thc north side of the River Torrens to the aouth corner of Preliminary Section 475, Hundred af Yatala; thence in a northerly and north-westerly direction along the western and south-western boun- daries of Preliminary Sections 475 and 460, to the south-eastern boundary of Prospect

T Village.

$30 & 34" VICTORXB, No. 14.

Adelaide Suburban tVaterworks Act.-1 870-7 1.

Village; thence north-easterly, along 'said boundary to a point oppoeite the south- weetern corner of Section 2062; thence easterly, along the southern boundaries of Sections 2062 and 4'14, to the south-eastern side of road running through the latter Section; thence north-easterly, along south-eastern side of said road to the east corner of the Township of Walkcrville; thence south-eastedy, along south-western boundary of said Township to its south corner, the point of commencement.

Prospect Village.

Bouuded on the north, by the southern boundaries of Sections 315, 371, and 3503 Rundred of Yatala; on the east, by the eastern boundaries of Sections 349 and 348 ; on the south-east, by the south-eastcrn boundaries of Sections 348 and 20G4 ; on the south, by the southern boundaries of Scctions 2064 and 2065; on the south-west, by the south-western boundaries of Sections 2081, 2066, and 374; and on the west, by portion of the eastern boundary of Section 2067.

C~mmencing at the south corner of Preliminary Scction 355; thcncc north-easterly

along the south-eastern boundary of said Section, and its production across the road to the south-western boundary of Section 2066; thence north-westerly, along said boundary to a point opposit,e the north corner of l'reliminary Section 355; thence south-westerly and south-easterly along the north-western and south-western boundaries of said Section to its south corner, the point of commencement.

Township oJ' BozccZ~n.

Commencing at the south corner of Preliminary Section 354, Hundred of Yatala; thence north-easterly, along south-eastern boundary of said Section and its production to the south-western boundary of Section 2081; thence north-westerly, along south- western boundaries of Sections 2081 and 2066, to a point opposite the north corner of Preliminary Section 354; thence south-westerly and south-easterly, along north- western and south-weatern boundaries of aid Section to its south corner, the point of commencement.

Township o f Hindmarsh.

Commencing a t the east corner of Preliminary Section 353; thence in a south- westerly direction, following the northern side of the Rirer Torrens to the south- western corner of said Section; thence northerly along its western boundary to the Port Road; thence south-castcrly along south-western side of Port ltoad to the east corner of Preliminary Section 253, the point of commencement.

Town&@ o f Thebarton.

Commencing, at the north-east corner of Preliminary Section 2, Hundred of

Adelaide; thence westerly, along the northern boundary of said Section to the

south-eastern corncr of Preliminary Scction 46; thence northerly, along the eastern

right angles from said boundary for about twenty-two and a-half chains; thence	boundary of said Section 46 for about sixteen and a-half chains; thence easterly, a t
northerly, at right angles for about thirteen chains; thence easterly, at right angles, to the eastern boundary of Preliminary Section 1; thence southerly, along said boundary to the north-east corner of Preliminary Section 2, the point of commence- ment,

Township o f Goodzuood.

Bounded on the south by the north boundary of Preliminary Section 222; on the east by the mest boundary of Preliminary Section 239; on the west by thc east side of road joining the east boundary of Preliminary Section 6; and on the north by the south side of the road jaining the south boundary of the Park Lands.

Goodwood Park.

Bounded on the north by the south boundary of Preliminary Saction 221; on the east by the west boundary of Preliminary Section 238, and portion of the west boundary of Preliminary Section 237; on the south by the north side of the road, rnnning parallel to and about seven chains from the north boundary of Preliminary Sectio:: 223; and on the mest by the east side of road forming the east boundaries

of Sections 7 and 8.

Ilbwnrfizi)

33" & 34" VICTORI,Z, No. 14.

Adelaide Suburban FVaterwo~ks Act.-1870-71.

Bounded on the north, by the southern boundary of Preliminary Section 239, Hundred of Adelaide; on the east, by the western boundaries of Preliminary Sections 241, 242, and 243 ; on thc south, by the northern boundary of Preliminary Section 235; and on the west, by the eastern boundaries of Preliminary Sections 234, 223, and 222.

Tozunshz) o f Fz~lEurton.

Bounded on the north, by the southern boundary of l'reliminary Section 253, Hundred of Adelaide; on the south, by the northern boundary of Preliminary Section 251; on the east, by the western boundary of Preliminary Section 266; and on the wcst, by a line about five chains from and parallel to the castern boan- dary 3f Preliminary Section 212, also incluiting r o d dividing Preliminary Section 253 from PreIimhary Section 265.

Towns& of Parkside.

Bounded on the north, by the northern boundary of Yrclirninary Section 240, Hundred of Adelaide; on the south, by the southern boundaries of Prclilninary Sections 220 and 254; on the north-east, by the ~outl.1-western side of the Glen Osmond Road, running through the latter Section; and on the west, by the caster11 boundary of Preliminary Section 239.

.-

Adelaide : Uy authority, W. C. Cox,