The District Councils Act 1887 (SA)

ANNO Q UINQUAGESIMO ET QUINQUAGESIMO

PRIM0

A. D. 1887.

No. 419.

-

An Act to consolidate and amend the Law relating to

District Councils.

[Awe# ied to, Decemb 9th, 1887.1

HEREAS it is desirable to consolidate and amend the law Preamble.

Governor of the Province of South Australia, with the advice and

v relating to District Councils-Be i t therefore Enacted by the

consent of the Legislative Council and House of Assembly of the

said prdvincc, in this present Parliament assembled, as fbllows:

1, This Act may be cited for all purposes as " The District Coun- shod title.

cils Act, 1887."

A-4 19,

so0 & 51" VICTORIE, No. 419.

2. This Act shall come into operation on a day to be fixed by commencement

the Governor by Proclamation in the Government Gazette, and shall *ct	be pr0cGmedm
speak as from such day, and when any mention is hereinafter made of the passing of this Act it shall be deemed to refer to the coming into operation thereof.

The Acts mentioned in the First Schedule to this Act are hereby repealed to the extent therein mentioned; but such repeal shall not

3.

affect my right accrued, any liability, forfeiture, or penalty incurred,

any offence committed, or any thing done or omitted to be done, before the passing of this Act, nor any legal proceedings commenced or hereafter to be commenced with respect to such

right, liability, forfeiture, penalty, offence, or thing.

4. Except so far as is hereby otherwise provided, all Districts, P r o v; h w t,

wards, and District Councils now existing and heretofore consti-	of
tuted, and designated and appointed under the said Acts hereby t h i e ~ ~ t.

respectively

The District Cotmcils Act.--1887.

respectively repealed, or any of them, or under any Acts or laws heretofore in force respecting District Councils shall be and continue Districts, wards, and District Councils, under and subjcct to the pro- visions of this Act; and all councillors, chairmen, and officers or other persons appointed, elected, or holding any offices under or by virtue of the several Acts hereby repealed, or any of them, or under or by virtue of any Acts or laws heretofore in force respecting District Councils, which i t would be lawful for such persons to hold under the provisions of this Act, shall continue in and hold such offices under and subject to the provisions of this Act; and all proceedings

bond$de commenced, and prosecuted, and now depending under the

said repealed Acts, or any of them, shall proceed in every respect as if this Act had not been passed; and all lands, tenements, and hcreditaments vested in any District Council shall be and continue vested in and the property of such District Council; and all other property belonging to any District Council shall be and continue the property of such District Council; and all rates and debts due bcfore the passing of this Act to any District Council, may be col- lected, levied, and recovered in manner provided by this Act for the recovery of any rates and debts; and all the rights, powers, liabilities, contracts, and engagements of any District Council, or any officer or other person appointed or elccted under the provisions of the said repealed Acts, or any of them, or under any Acts or laws heretofore

in force respecting District Councils, or into which any such Ilistrict

Council, officer, or person may have entered, or to which any such District Council, officer, or person may bc cntitled or subjcct under the said Acts, or any of them, before the passing of this Act, may be enforced by and against the said District Council, officer, or person, as if this Act had not been made, subject in all cases to the pro- visions hereinafter contained.

Diviaionr of ~ s t. 5. This Act shall be divided into parts, under the following heads :-

PART I. Of the Constitution of Districts and Councils:

PART 11. Of Constituting New Districts and Changing the Constitution of Districts:

PART 111. Of the Councillors:

PART IV. Of the Auditors:

PART v. Of Elections:

PART VI. Of the Meetings of the Council:

PART YII. Of Contracts, Lands, and Works:

PART vm. Of Revenue and Expenditure:

PART IX. Of Assessments:

PART X. Of Appeals from Assessments:

PART xr. Of making Rates :

50" & 51' VICTORIE, No. 419.

The District Councils Act.-1887.

PART XII. Of Loans:

PART XIII. Of Recovering Rates:

PART XIV. Of the Letting and Sale of Land for Payment of

Rates:

PART xv. Of thc Power to take Land for Works and Under-

takings:

PART XVI. Of the Officers of the District:

PART	XVII.	Of the General Powers and Duties of the Council:
PART	XVIII.	Of By-laws:

PART xrx,	Of the Enforcement of this Act and of Penalties:
PART XX.	Of Evidence and Miscellaneous Matters.

8. In this Act, the following expressions shall have the meaning ~ ~ l ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~

by this section assigned to them, save where the context o r subject

is inconsistent with such meaning :-

" Business day " shall mean any day not being a Sunday, Good Friday, Christmas Day, or public or bank holiday:

" Chairman " shall mean the chairman of a District Council:

" Clerk " shall mean the District clerk by this Act requixed to be

appointed:

" Council " br District Council " shall mean a District Council

by or under this Act established or continued:

" Councillor " shall mean a member of the Council:

" Crown lands " shall mean all lands belonging to Her Majesty within thc said province not coming within the definition of

G waste lands of the Crown ":

District " shall mean a District heretofore existing under The

District Councils Act, 1876," or constituted by or under, or

continued by this Act:

"District constituted by this Act" shall mean any District included in thc Second Schcdulc hereto, except those whose boundaries are not altered by this Act:

" Extraordinary vacancy " shall mean and include any vacancy

in. an oEce arising in any other way than by effluxion of

time:

" Justice " shall mean a Justice of the Peace for the province:

" Minister " shall mean the Minister administering this Act, or the part of this Act to which the expression relates:

" Minister of religion " shall mean and include any bishop and

any minister of a regular religious congregation, and any

minister authorised to celebrate marriages:

"Municipality" shall mean a locality under the local govern- ment of a Municipal Council: C' Qfficex "

50" & 51" VICTORIE, No. 419.

The District Councils A c t. 1 8 8 7.

-p-

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'' Officer " shall mean and include any clerk, treasurer, surveyor, assessor, collector. poundkeeper, hqmtor, ranger, constable, or other person appointed to an office by the Council:

Outlying district" shall mean any portion of the province whether comprising a municipality or not, not for the time being included in any District:

" Owner " shall include the person for the time being receiving, or entitled to receive, the rents and profits of any lands or hereditaments within any District, whether on his own account, or as agent, trustee, or attorney for any other person:

Person " shall extend to a corporation, sole or aggregate:

Public notice " shall mean notice given by advertisement in the Government Gazette, and by posting handbills on every post office in the District, and on every other placc appointed by the Council by by-law as a place for posting notices:

Ratable property " shall mean and include all lands and here- ditaments (including land belonging to the Crown), with the following exceptions, namely :-Land belonging to the Crown, and not granted nor lawfully contracted to be granted to any

person in fee-simple, or for an estate of freehold, and not

leased to or in the occupation of ally person; lands and buildings, and parts of lands and buildings, used exclusively by the Government for any public purpose; any hospital, lunatic asylum, benevolent institution, or buildings used ex- clusively Tor charitable purposes; any church, chapel, or buildings used exclusively for public worship; any building or part of a building used exclusively as s school, whethcr public or private:

"Ratepayer" shall mean the owner or occupier of ratable property,

or the owner, other thi~n the Crown, of unoccupied ratable

property, and whose name appears in the assessment-book in

respect of such property:

"Sanitary District" shall mean a place to which the Governor has lawfully directed that thc Health Acts or any of them or any section thereof shall apply:

The Brands Acts " shall mean and include The Brands Act,

1879," and " The Brands Act; 1882," and all regulations made thereunder, and any Act or regulations hereafter to be passed or made relating to brands:

c' The Dog Acts " shall mean and include The Dog Act, 1867,"

and an Act amending the same and numbered 320, 1884:

The Game Act " shall mean the 'L Game Act, 1886.''

The Health Acts " shall mean and include The Public Health

Act " (being No. 22, 1873), " The Public Health Act, 1876," and " The Public Health Acts Amendment Act, 1884," and all regulations made thereunder: " The

5oU & 51" VICTORIE, No. 419.

?he District Cozcncils Act.-1887.

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The Lands Clauses Consolidation Acts " shall mean and include

" The Lands Clauses Consolidation Act " (being No. 6,1847),

the Act to amcnd the same (being No. 26, 1855-G), and

:C The Lands Clauses Consolidation Act Amendment Act,

1881 " (being No. 202, 1881):

" The Manufacturing Districts Acts " shall mean and include

G ' The lh~ufac tu r ing Districts Act " (being No. 212, 1881),

and " The Manufacturing Districts Amcndmcnt Act " (being

No. 249, l882), and all regulations made thereunder:

The R e d Property Acts " shall mean and include " The Real Property Act, 1886," "The Estates Tail Act, 1881," and all other Acts now or hereafter amending or repealing the Real Property Act, 1886, or incorporated therewith:

G Thc Slaughterhouse Acts " shall mean and include Ordinance

No. 51, 1840, and Ordinance No. 2, 1844:

The Fire Brigades Acts " shall mean and include Thc Fire

Brigades Act, 1882," and " The Fire Brigades Act Amend- ment Act, l883 ":

'c The Vermin Acts " shall mean and include The Rabbit Sup-

pression Act, 1 879," and " The Vermin Act Repeal Act ":

Township " shall mean t~nd include any Governmt~nt township

and any lnizcl laid out as a township, and plans whereof are deposited in the Lands Titles Registration Office, OS in the General Registry Office:

" Ward " shall mean the ward of a District:

"Waste lands of thc Crown" shall mean any land within the said province, the propcrty of the Crown, not granted or lawfully contracted to be gl-anled to any person in fce- simple, or for an estate of freehold, and not lawfully appropriated for any public purpose:

Writing " and " written " shall include priuting and printed, and

vire versd, and documents required to bc written may be partly printcd, and documents required to be printed may be partly written.

PART I. PART I.

OF THE CONSTITUTION OF DISTRICTS AND COUNCILS.

Constitution and Incorporation.

7, Each of the territorial areas set out in thc Second Schcdule Establishment d

hereto as Distxicts, shall bn a District, and shall not be subdivided into wards until such subdivision is effected by the Governor under the powers hereinafter conferred upon him.

8, The councillors of every District, whether existing at the I n c v r e t i o n of

time of the passing hereof, or constituted by or under this Act, shall D"trict

be

50" & 51" VICTORIE, No. 419.

The District Councils Act.-1887.

PART 1. be a body corporate under the title of "The District Council of

," such blank being filled in with the distinctive name of

the particular District. Every such body corporate hall have perpetual succession and a common seal, and shall by such name be capable in law of suing and being sued, and of purchasing, holding,

and alienating land, and of doing and suffering, subject to this Act,

all such other acts and things as bodies corporate may by law do and

~uffer.

when fixed under this 9. After the conclusion of the first annual election under this

A& Act, the number of councillors for any District shall be not less than five nor more than ten. Subject to this limitation the number of councillors for every District not divided into wards, and the number of councillors for each ward of a District divided into wards, shall, as to every District not comprised within the Xccond Schedule hereto, bc as fixed before tllc passing of this Act, or shall be as may from time to time be fixed under the provisions hereof.

forming a common	t~~an~orwatercoum 10. Where any stream, creek, or water-course is or has been
boundary. described as the boundary of any District, or any ward thereof, a

line along the middle of such stream, creek, or water-course, shall

be deemed to constitute such boundary.

FBects of including 11, Whenever any heretofore existing District or any Drainage

District and Drainage District is included in any District constituted by this Act, the fold

nistriota in Dietriet

hereby constituted. lowing results shall follow :-

EfEect on property,	I. The District Council of the District hereby constituted shall be deemed to be onc corporate body, and the District Councils and Drainage l30al.d of any ~ i s t r i c t included in the
rights and liabilities.

area of the District so coimtitutcd shall be merged in

such corporate body, and s l d l have no independent corpo- rate existence, and all rights arid duties of the District Councils and Drainage Boards of any Districts'so included

against or owing to each other shall be extinguished, and all property,rights, and liabilities, and all matters and things

not otherwise provided for, vested, possessed, or incurred,

or made, or done in, by, or on behalf of the District Councils or Drainage Boards of any Districts so included, shall vest in, and attach to, and be deemcd to have been made or done by or on behalf of the District Council of the Uis- trict hereby constituted: Provided that no action or pro- ceeding, by or against any such previously existing District Council or Drainage Board shall bc affected or abated:

E E ~ O ~ on by-laws. rr. All by-laws and regulations in force in any such heretofore existing District or Drainage District, which are suited to the altered circumstances, shall become by-laws and regula- tions respectively of the District constituted by this Act, and may by the Council thereof be repealed or altered; but, until so repealed or altered, every such by-law and regulation shall remain in force in the District or Drainage District only in which it was in force previous to the. -.

inclusion

50" & 51" VICTORIR, No. 419.

The District Councils Act. -1 887.

PART 1-

inclusion thereof in the District hereby constituted, and every by-law and regulation which cannot be restricted * *

to any paxticular District or Drainage District shall be deemed inapplicable, and all by-laws and regulations which are inapplicable to the altered circumstances shall be repealed by the inclusion of such District in the District hcrcby constituted:

TIT, The members of the heretofore existing District Council er

Drainage Board shall, until the conclusion of the first annual election under this Act, be members of, and shall, except as hereinafter provided, form the District Council of the District hereby constituted:

m. The Governor may, by Proclamation, appoint two auditors for the District hereby constituted, and, subject to the provisions of section ninc, a. councillor OF councillors for such District, and may determine the number of councillors for the District, subject to alteration as hereinafter pro- vided.

12. Where a District, constituted by this Act, does not include the Governor to appoint

whole of any previously existing District Council District, the: E E ~ ~ ~ ~ ~ ~	in c e r ~
Governor may, by Proclamation, appoint two auditors, and not less than five nor mare than ten councillors for thc District, and may determine thc number of councillors for the District, subject to alteration as hereinafter provided.

13. Whenever a new District constituted by this Act shall include Effect of including in Diatnct part only of

part only of a District Council District or Drainage I)istrict, the fol- Distriot Dis-

lowing consequences shall result :-	trict or Drainage
district.

I. The District Council or Drainage Hoard of the whole of such District shall cease to exist, and the members of such Council or Board shall not, by virtue of such membership, be members of the District Council; and all by-laws made by such District Council or Board shall be repealed by such inclusion:

Ir. Thc Council of such new D i s t ~ k t shall hecome jointly liable

with the Council of every l)istrict comprising part of the same District Council District or Drainage District, to all creditors of the prcviously existing District Council or Drainage Board in respect of all debts and liabilities due or incurred at the time when such new District was constituted:

m. No action, suit, or procerding by or against the previously

e~is:. ,~g	District Council or Board shall be affected or
abated:

IV. The Council of such new District shall bc entitled to such

portion of the property and assets of the previously existing

District Council or Drainage Board, and shall be, as

between

- soo & 51' VICTORIE, No. 419.

The District Councils A c t. 1 8 8 7.

PABT 1. between itself and the Council of anv other District J

comprising part of such previously existing District or Drainage District, liable to pay such portion of the debts and liabilities of the previously existing District Council or Board as the value of the ratable property in the portion of the previously existing District or Drainage District included within the new District bore to the value

of the ratable property in thc whole of the previously

existing District, according to the last asscssrnent before

the constitution of the new District.

Power to adjust 14, Where, in consequence of the ensctments in this part of this

rights, &C.	Act contained, any rights, liabilities, or matters require to be settled
or adjusted, the Governor may, by any order, settle and adjust the same in like msnncr as he might do in the case of a District constituted by virtue of the powers conferred upon him by Part 11. of this Act.

PART IS. P A W 11.

O F CONS'L'ITUTING NEW DISTRICTS AND CHANGING

THE CONSTI'I'U'I'ION OF DISTRICTS.

General Powers of th2e Governor as to Districts.

General powem of 15. Subject to the provisions of this Act, the Governor may,

Governortoconstitute from time to time, make orders exercising the powers following :-

Districte and alter

their boundaries.

I. To constitute any part of the province, containing ratable property capable of yielding upon a rate not exceeding Onc Shilling in the Pound on the value thereof, estimated under the provisions of this Act, a sum of Two Hundred Pounds, and being either an outlying District or partly an out- lying District, and partly land comprised within one or more previously existing Districts, n new District; and to appoint

two auditors for such new District, or for a new District	constituted under sub-section 111. of this section, and,
subject to the provisions of section 9, to appoint coun- cillors for the same, or if such new Ilistrict is divided int,o wards, n councillor or councillors for each such ward:

Ir. To unite any number of Districts, the areas whereof' form one

continuous area, into one District:

111. To sever any portion of the province forming part of a

District from such District, aud either to declare i t a new District, or that the severed portion shall no longer fonn part of a Tlistrict, or to annex such portion to any other District, with which the portion so severed forms one con- tinuous area, and from time to time to makc any apportion- ment 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:

50' & 51' VICTORIW, No. 419.

The District Councils Act.-1887.

IT. To annex to any District any outlying District forming one continuous area with the area of such District, and, where such outlying District is annexed as a new ward or new wards, to appoint the first councillor or councillors for such ward or wards:

11.

v. To subdivide or re-subdivide any District into any number of wards, and to alter the boundaries of or to abolish the wards of a District:

VI. To alter and adjust the boundaries of adjoining Districts, and determine any questions arising out of such alteration and

adj iistment :

vir. To determine and alter, subject to this Act, the number of councillors of any 1)istrict not divided into wards, and the number of councillors for each ward where the District is divided into wards:

vrrr. To alter the name of any District or ward.

The powers conferred by this section shall not be exercised in such manner as to divide a municipality or sever any portion therefrom.

16. Where, in consequence of the exercise of any of the fore- General power to

going powers, any rights, liabilities, or matters require to be ad- rights, &C.	Governor to adjust
justed, the Governor may by any order settle and adjust the same.

Constitution of new Districts by order of the Governor.

17, Every order constituting any new District shall-	new District.
Order constituting

I. Assign a name to such District:

rr. Describe the boundaries thereof:

III. Determine whether or not the District is to be subdivided

into wards, and, in case it is to be subdivided, name and

describe such wards:

IV. Determine, subject to the provisions of section 9, of how many members the Council shall consist, and the number of councillors for each ward when thc District is divided into wards:

Every such order shall take effect according to the tenor of the same; and every such order constituting any new District, so as to include a portion of a previously existing District, shall operate to sever such portion from such previously existing District.

18. When any new District is constituted of portion, or so as Adjuetment of rights &c upon severance of

to include a portion, of a previously existing District, the following a p'drtionof a Dietrich

consequences shall follow: -

I. All by-laws and regulations of the previously existing District

in force in the portion comprising or included in the newly

constituted District shall, so far as they are applicable, be

B-419, deemed

50" & 51" VICTORIW, No. 419.

The District Councils Act.--1 887.

Pam 11. deemed by-laws and regulations respectively of such newly constituted District, and may, by the Council thereof, be repealed or altered; and save, as aforesaid, all such by-laws and regulations shall, as to the portion included in the newly constituted District, be repealed:

11. The Council of such newly constituted District shall become jointly liable with the Council of the previously existing District to all creditors of such last-mentioned Council in respect of all debts and liabilities due or incurred at the time of the severance:

III, No action, suit, or other proceeding by or against the Council

of any such previously existing District shall be affected

or abated:

m. The Council of such newly constituted District shall be entitled to such portion of the property and assets of the Council of the prcviously existing District, and shall be, as between such Councils, liable to pay such portion of the debts and liabilities thereof as bears the same proportion to the whole as the value of the ratable property in the portion severed from the previously existing District bore to the value of the ratable property in the whole of that District upon the last assessment before the severance.

Union of Districts by order of the Governor.

Order uniting Din-	19.	Every o rde~	uniting two or more Districts, shall-
triots.

I. Assign a name to the District formed by such union:

11. Determine whether or not the District is to bc subdivided

into wards, and, in case i t is to be subdivided, name and

describe such wards:

m. Determine, subject to the provisions of section 9, of how many members the Council shall consist, and, where the District is divided into wards, the number of councillors for each ward.

Effect of union of

Diatricts. 20. Upon the union of Districts, the District formed by such

union shall include an area being the aggregate of the areas of the Districts united, and the Council of the District so formed shall be deemed to bc one and the same corporation as the Council of each of the Districts by the union of which it was formed; and all rights and duties of the Councils of such Districts againsf, or owing to each other shall be extinguished, and all property rights and liabilities vested, posscsscd, or incurred, and all matters and things not other- wise provided for, made, or done in, by, or on behalf of the Council of any of the Districts so united, shall vest in, and attach to, and be deemed to have been made or done by or on behalf of, the Council

of the District formed by such union.

21. Upon

50" & 51" VICTORIE, No. 419.

The District Councils Act.-1887.

21. Upon any union of Districts all by-laws and regulations in PART rr.

force in any of the Districts united at the time of the union, whether Effect of union on

made under this Act, or any Act hereby repealed, or any other Act, b~-lawa.

which are applicable to the altered circumstances, shall become by-

laws and regulations respectively of the District formed by such

union, and may be repealed or altered by the Council 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 i t was in

force previous to such union; and every by-law and regulation which

cannot be restricted to any particular territorial area shall be deemed

inapplicable, and all by-laws and regulations which are inappli-

cable to the altered circumstances shall be by such union repealed.

22, When Districts are united the Cou~lcil of the District formed ~ f f e c t of union on

Council.

by such union shall, until the conclusion of the next annual election, chairman. At the conclusion of the next annual election all the councillors shall go out of office.

consist of a11 the councillors of the Districts united, or who may be

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

Severance of Portions .from Districts.

23, Every order severing any portion of the province from any Powera in went of

District which is subdivided into wards may abolish all such wards BeYeranCe.

and constitute the District an un-subdivided District or may re-

subdivide the same. In case any such order does not abolish all the

wards, the same shall be deemed to cancel every such entire ward

severed, and, as regards every ward of which a portion only is

severed, shall either cancel such ward and anncx the residue thereof

to some other ward, or in separzzte portions to some other such

wards, or shall declare that such residue shall thenceforth be deemed

a ward.

24. Tn case any ward is cancelled, the cour~cillors returned Reduction in number

of oouncdors on

theref'or shall, upon such cancellation, cease to be members of the c,,ellation	,,d.
Council.

25, The powers hereinbefore in that behalf provided shall not be Numberof councilIon not to be reduced to

exercised in such a way as to reduce the number of councillor~l 1	ess than fim
assigned to any District to less than five.

Annexation of Portions to Districts.

26, Every order annexing any portion of this province to a Dis- Order annexing a portion of the

trict subdivided into wards shall either- province to a District.

I. Abolish all the wards and constitute such District an un- subdivided District:

11. Abolish all the wards and re-subdivide the District into

wards:

m. Retain the existing wards and constitute the annexed portion

a new ward or wards; or xv, Annelj

50' & 51' VICTORIW, No. 419

The Bisfirict Councils Act.- l6b7.

PABT rx. W. Annex the annexed portion to some ward, or, in separate por- tions, to some wards of the District.

w=b not to exceed 27, Such powers shall not be exercised in such a way as to cause

ten. the number of the wards of any District to be greater than ten.

28. Wheu an order annexing any portion of this province to a

BOW annexation of

new ward affects	District subdivided into wards retains the existing wards and consti-
Councril.	tutes a new ward or new wards, the counciuor or councillore appointed for such new ward or wards shall retire at the con- clusion of the next annual election
Effect of annexation

on by-laws. 29. Upon the annexation to any Ilistrict of any portion severed

from another District, all by-laws and regulations in force in the portion severed which are applicable to the altered circumstances thereof shall remain in forcc therein, and as so in force shall be deemed bylaws and regulations respectively for the District to which the severed portion is annexed, and may by the Council of that District be repealed or 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 bc deemed in force in such annexed portion unless aird until it is by any by-law or by-laws provided otherwise; and a11 by-laws and regulations of the District from which slwh portion was severed which are inapplicable to the altered circumstances shall as to such sevcred portion be by such severance repealed.

Effect of including 30, Where an outlying District comprising n Municipality

Municipality in new Di8tfiCt, , ,,,,,, shall be included in a new District, or annexed to any District, the

same to a Dktrict. following consequences shdl result :-

I. The Municipality shall cease to be a Municipality; the Municipal Corporation thereof shall cease to exist; the members of the Council of such Municipal Corporation shall not by virtue of such membership be members of	the Council of the District; all by-laws made by the	Council of such Municipality, either as such Council or
as a local board of health, shall be repcaled; and The Municipal Corporations Act, 1880" and any Act amending the same, or substituted therefor, shall cease to apply to such Municipality:

IT. No action, suit, or proceeding by or against the Municipal Corporation or the Council thereof, either as such Council or as n local board of health, shall be affected or abated:

111. All rights and duties of the Municipal Corporation and the District Council against or owing to each other shall be extinguished, and all property, rights, and liabilities vested, possessed, or incurred, and all matters and things not other- wise provided for, made, or done in, by, or on behalf of the Xunicipal Corporation, or the Council thereof, either as such Council or as a local board of health, shall vest in and attach to and be deemed to have been made or done by or on behalf of the District Council. 8 u bdiuision.

50" & 51' VICTORIE, No. 419.

The District Councils Act.- 1887.

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Subdivision. PABT 11.

of a District shall determine the future number of councillors for wards. 31. Every order which has the effect of abolishing all the wards order abolishkg

wch District. When any order is made whereby the number of councillors for any District is altered, or any District is subdivided or re-subdivided, or the wards of the District are abolished, such order shall not affect the ( louncil, or the filling up of any extraordinary vacancies therein, until the conclusion of the annual election next after the taking effect of such order, when all thc councillors shall go out of office.

32. An order altering the boundaries of any ward of a District, ::c,","'","

or annexing any rsortion to such ward, shall not be deemed to re- abolition thereof.

subdivide t lk 1listhct or abolish the w&ds thereof, or in any way to

affect the Council or councillors thereof unless it is so expressed in

the order.

33. The Governor may exercise any of the powers hereinbefore Exercise on petition8 of the powers herein-

conferred after the ~resentatiorl of a petition. in pursuance of the hafore

provisions of this A& praying for the dxerdse thereof, and after the publication of such petition as herein described, and the lapse of six weeks at the least from the day of such publication, awl, except as hereinafter ~rovided, not otherwise: but i t shall be in the discretion

of the ~ o v e k t o r absolutely to refuse the prayer of such petition, or

to grant the whole or any part thereof.

34. (1) Every petition for the constitutiou of a new District must Signature of petition,

be signed by fifty inhabitants of tho part of this province sought to be constituted a District, each of whom posscsscs ratablc property therein; and if the proposed District comprises portion of a pre- viously existing District, by a majority of the ratepayers of such portion:

(2) Every petition for the constitution of a new District shall state the name of the progoscd District and the names of any proposed wards thereof, and the names of the ~~roposttd first auditors for the District and of the proposed first councillors for the District, or, if subdivided, for each ward thereof:

(3) Every petition for the union of Districts shall be under the common seals of .the Councils of the Districts affected:

(4) Every petition to sever any p~r t ion of a District shall be signed

by a majority of the ratepayers of such portion:

(5) Every retition for t,he alteration of the name of the District shall be uncle1 the common seal of the District Council:

(6) Every petition for the annexation of an outlying District to a District shall be mder the common seal of the District Council, or shall be signed by at least twenty inhabitants of the outlying District each of whom possesses ratable property therein, and, if it is

proposed

14 50" & 51" VICTORIE, NO. 419.

- - The District Councils Act.-1887.

PART 11.

proposed to annex such outlying District as a new ward or new wards, shall name a councillor or councillors for such ward or wards: provided that where the outlying L)istrict which i t is proposed to annex comprises a Municipality, the petition shall be under the common seal of the Corporation of such Municipality, and need not

be otherwise signed:

(7) Every petition to subdivide or re-subdivide a District, or to altrx the boundaries or to abolish the boundaries of a ward or wards, shall be under the common seal of the District Council, or shall be signed by one-fourth of the ratepayers of the wards or proposed wards concerned:

(8) Every petition to alter and adjust the boundaries of adjoining Districts shall be under the common seal of the, Council of one of such Districts:

(9) Every petition to alter the number of councillors for any MS-

trict or ward shall be under thc common seal of the District Council,

or shall be signed by one-fourth of the ratepayers of the District or

ward concerr, ed:

(10) A petition framed so as to support the exercise of any of the powers hereinbefore mentioned shall be deemed sufficient to support the exercise of any other of such powers which may be necesswy for thc convenient exercise of the power the exercise of which is desired by the petition.

&yernor may divide 35. Notwithstanding anything hereinbef ore contained, the Governor may, in the case of each District, exercise once, without petition or independently of any petition, the powws hereinbefore conferred upon him, of subdividing into wards a District not already subdivided and of determining the number of councillors for each ward, and each of such powers may be so exercised either with or without the exercise of the other of them.

wards.

Qorernor map, with-

out petition, annex 36. Where any road, street, or highway, or any portion thereof,

r a d b Di8hictor	shall form the boundary, or part of the boundary of, or shall adjoin
Mtmicipality .	any District or Districts, or Municipality or Municipalities, or any
part thereof, the Governor may, by Proclamation, without any
petition, annex such road, street, highway, or portion, either to any .
such District or Municipality as aforesaid, or in separate portions to such Districts or Municipalities, or any two or more of them, and the same shall thereupon be included in such District or Districts, Municipality or Municipalities, accordingly.

~ounter-petition. 37, Any person or persons may present a counter-petition within

six weeks after the publication, of any petition, and if, in the case

of a petition not under the corporate seal or seals of a District Council or District Councils or a Municipal Corporation, praying for the exercise by the Governor of any of t,he powers hereinbefore con- ferred on him, s counter-petition in accordance with the provisions of this Act be presented, signed by a larger number of persons

qualified

The District Councils Act.-1887.

qualified to sign a like petition than have signed the former petition,	PART	11.
the Governor may decline to make any order on such petition.

38. Every petition and counter-petition shall be addressed to the Presentdon of petitions and countor-

Governor, and shall be left with the Minister, which shall be deemed petitions. the presentation thereof.

39. Every signature to any petition or counter-petition, othcr Verification of peti- tion.

than the seal of a District Council, shall be verified by one or more declaration or declarations of some person or persons signing such petition, and such declaration shall be in the form or to the effect of the Third Schedule hereto, and no petition or counter-petition shall bc received by the Minister unless the same be accompanied hy a declaration or declarations in accordance with the provisions of this section.

40, Every petition shall state precisely what exercise of any of ~omofpetition.

the powers hereinbefore conferred on the Governor is sought by the petitioners, and shall prav for the specific exercise thereof, and may in addition pray for any partial or alternative exercise of such powers; and ewry petition for thc constitution of a new District, or for any severance, annexation, alteration of bountlaries, subdivision, or new subdivision, as hereinbefore mentioned, shall describe the boundaries of the proposed new District, and of any portion of a pre- viously existing District proposed to be included therein, or the pro- posed alteration of boundaries, or the boundaries of the territorial area proposed to be severed or annexed, or of every proposed subdi- vision, as the case may be; and every petition shall state an address at which notices may be served on the petitioiiers.

41, The same petition may pray for the exercise of any one or relition to be framed

more of the powers hereinbefore conferred on the Governor, and ~ ~ ~ &, b ~ ~ ~ ~. O a e d

every petition shall be framed so as to enable the subjcct-matter of

such petition to be completely disposed of in one order.

42. On the presentation of any petition or counter-petition the Publication of peti-

Minister shall cause the substance and prayer thereof to be published tion.

twice in the Government Gazette, and in some newspaper circulating

in the neighborhood concenled, and the last day on which such

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

of the publication thereof.

43. In order to investigate any matter connected with a petition Minister may direct

been observed, the Minister may appoint one or more Special or counter-petition, or to ascertain whether the provisions hereof have inquiry. of sach inquirv such Special Magistrate or Magistrates shall have every power t h k 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 the Governor in the matter until such report has been received, 44. Every

50' & 51' VICTORIW, No. 419.

YEe District Councils A c t. 1 8 8 7.

PABT IX. 44, Every order under this part of this Act shall be published

Order to be	in the Government Gazette, and shall take effect as from the day of
such pu5lication.

Rectifioati0nof Odm0 45. Any error in any order, under this part of this Act, may be

rectified by the Governor by any subsequent order.

N o n - a o m ~ b c ~ with

preliminariee not to 46, NO order purporting to be made under this part of this Act,

nvalidateoram.

and within the powers by this Act conferred on the Governor, shall

be deemed invalid on account of any non-compliance with any of

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

OF THE COUNCILLORS.

Qualification of coun-

cillors. 47. Every male ratepayer of the District who is of f u l l age is

qualified to be and continue a councillor of a District unless he is-

A minister of religion:

A Stipendiary Magistrate:

An uncertificated insolvent:

A person who holds the office of treasurer or any place of profit

in the gift of the District Council:

A person who directly or indirectly participates or is interested in

any contract, except for advertisements and printing, with or

employment under the District Council:

Provided that no person shall be disqldified from being or con- tinuing a councillor by reason of his receiving travelling expenses incurred in pursuance of and authorised to be paid by aresolution of the District Council, or acting as Rcturning Officer or Deputy- Returning Of3 cer under this Act, or receiving remuneration for so

company, incorporated by the law of the United Kingdom or	acting, or by reason of his being a member of a public or joint-stock	any British possession, which is concerned with any contract or dealing with the Llistrict Council; but no councillor shall vote in the District Council on any qucstion relating to a contract or dealing
with any company of which he is a member.

48, Every person qualified to serve as councillor shall be com-

pellable so to serve, except-

,4

person who, when appointed or elected, 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

re turning officer previous to the election:

A pergon who, after his election, goes to reside, or, by reason of a

change of boundaries, becomes resident, out of the District:

50" & 51" VICTORIW, No. 419.

?'he District Councils A c t. 1 8 8 7.

A person who has served the full time during which a person duly qualified is entitled to serve as councillor of the District, and who, within three years of the termination of his former ser- vice, is again elected a councillor of the same District, and who has not expressed his assent as last above-mentioned:	PART	111.
A person who is, or during his tenure of office may become, sixty

years of age:

A person receiving any salary from the Government:

Members of the Parliament:

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 chairman of the Council, if there is a chairman, or othcrwise to the Minister, within fourtccn days from the appointment or election of the person so exempt, or from the happening of the exemption, whichever shall last happen.

19. Any of the following acts and events shall cause a vacancy HOW vacancies 0008-

in the office of councillor, namely- sioned.

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

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, or the conviction of the councillor for felony:

Absence from the province, without leave of the Council, during the holding of three consecutive ordinary meetings, or fallure to attend the meetirlgs of the Council for three consecutive ordinary meetings without sufficicnt cause, and followed, in either case, by a resolution passed by the Council within three weeks after the last of such three cbnsecutive ordinary meetings, declaring

are not bound to pass: the office vacaut, which resolution the Council may pass, but

Any disqualification, and notice thereof, by the disqualified person, or some person on his behalf, posted or delivered to the chairman of the Council, or, if there be no chairman, to the Minister:

Resignation by notice posted or delivered as aforesaid:

Exemption under this Act, and notice thereof, posted or delivered,

as provided for by section 48:

Retirement by rotation, as provided by this Act:

The judgment or order of any duly authorised Court or Justices declaring the office vacant.-

50. At the conclusion of the first annual election after the passing A ~ U ~ I retirement of

of this Act all the members of the Council of every District hereby ooYocium.

~ 4 1 9. constituted,

50" & 51" VICTORIE, No. 419. p

The District Councils Act .1887.

/PART 1 ~ - constituted, and half of the members of the Council of everv District heietofore existing, or, if the number be uneven, a majorit? of one, shall retire. At the conclusion of every subsequent annual elec- tion half of the members of every Council shall retire, or, if the number be uneven, a majority of one shall retire. The members to retire shall be the councillor or councillors, if any, who hold office by appointment of the Governor, and those other councillors who have been longest in office without re-election, and, when the number cannot thus be made up, lots shall be drawn between those who have been an equal time in office without re-election, to decide which of them shall retire, and the retirement shall take place accordingly.

Chairman not to draw

lots. 61, The chairman shall in no case be required to draw lots; but

the other member or members with whom it would be necessary, but for his position as chairman, that he should draw lots, shall retire, or draw lots between them without the chairman, to decide which of them shall retire,

Retiring councibm 52, Councillors required by this Act to retire shall go out of

to hold offloe until

auoceBBOF8 appointed. office, but shall be deemed to hold office until their successors

are appointed.

Lots to be before

notice of nomination. shall be had s week at least before notice is given of the day for the	53, All drawing of lots by councillors to decide retirements nomination of candidates for election.
On failure of ooun-

aillors to draw lots, 54, Where lots are required to decide retirements, if the coun-

o h a ~ a n o r a ~ u s t i c e.	cillors who should draw lots fail to do so till within a week of
upon request.
M).	the last day when notice has to be given for the nomination of
candidates for election, the chairman, or any Justice resident in the
District, on the request, in writing, of any one councillor or any three ratepayers shall, in the presence of three or more ratepayers, draw lots and decide which of the councillors shall retire, and shall thereupon declare and give public notice uuder his hand of the names of the councillors who are to retire, and they shall retire accordingly.

Vacancfea exieting at	55. When, at the tiine of giving notice of the annual day of'
the annual election

meeting how supplied.

nomination, there shall be vacancies in any Council, and no more councillors arc required to retire at the clection meeting for that year than there a& seats then vacant, there shall be no need for any retirement of members, but the vacancies so existing shall be filled up at the annual election meeting; and if any vacancy or vacancies shall exist a t the time of giving notice of any annual day of nomi- nation, every member whose seat is so vacant shall be taken to be a person bound to retire at the annual election meeting, and every such vacancy shall be filled up at thc annual election meeting, and

any other retirements which may be necessary shall be settled in

manner herein provided.

aection of chairman,

56. At the first meeting of any District Council, and at the first

meeting after every annual election, the councillors present shall

elect

50' & 51' VICTORIE, No. 419. -

The District Councils Act,-1 887.

PART 111.

elect a chairman from among them; and if there shall be tm 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 members having the equality of votes; but the omission to elect a chairman shall not mevent the Council from I making such appointment at any future meeting. The chairman may resign his office at any time; and any vacancy in the office of chairman may be filled u.p at any meeting of the Council.

57, A councillor or chairman retiring from or ccasing to hold RetiTing chairman and counoillora re-

office, but duly qualified, shall be eligible for re-election. eligible.

PART IV. PART m.

O F THE AUDITORS.

58. There shall be two auditors for the District, who shall be Electionandretire-

nominated and elected by the ratepayers in like manner as councillors ment of auditors.

are nominated and elected. Any auditor elected at an annual meet-

ing shall hold office as from the first Monday in the September follow-

ing his election, On the first Monday in every September one auditor shall retire from office, and the auditor to retire shall be the one who has held oflice longest without re-election, and if both shall have so held office the same length of time the auditor to retire shall be decided by lot to be drawn by the chairman one week at least before notice is given of the day for the nomination of candi- dates for election, and if the chairman shall fail so to draw lots both auditors shall retire, and no auditor who has been continuously in office for two years shall be eligible for re-election for the space of one year.

auditor shall be the same as in the case of a councillor, except auditore. 59. The qualification and disqualifications for the office of Qualification of

that no councillor of a District shall be auditor for the District. that an auditor need not be a ratepayer of the District, and An auditor otherwise qualified to be councillor may be elected councillor, and shall thereupon cease to be auditor.

60. Any of the following acts and events shall cause a vacancy HOW vacancia UY

in the office of auditor, namely-	happen in the office
of auditor.

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 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:

Election as a councillor:

Resignation

50° & 51" VICTORIE, No. 419.

' The District Councils Act.-1887.

Pam IV. Resignation 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 thc United Kingdom or any British posscssion, in any con- tract or dealing with the District Council other than his employment as auditor.

Auditing accounttj. 61, The auditors shall, as soon as conveniently may be after the

half-yearly balancing of accounts in accordance with this Act, proceed to audit the accounts of the District Council for the half-year preceding the said half-yearly balance; and the Council shall cause to be produced and laid before 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 Council relating thereto; and if the said accounts be found correct, such auditors shall sign the same in token of their allowance thereof.

Bdance-eheet to be

advertised in one 62, The District Council shall cause the yearly balance-sheet to

newspapor and in

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

~faab t t s.

in the Government Gazette within one month after the auditors have

certified the same,

Auditors may refuse 63, The auditors may refuse to allow any person, except the

t0 ~ O PerBOnS t0 be W

prerrent at auditing	chairman of the Council, to be present at the audit of the accounts.
&cooullto.

PART V.

OF ELECTIONS.

The District office. 64, The Council shall have and maintain a suitable office

within the District, or within an area wholly surrounded thereby, for	transacti~lg the business of the District, to be called the District
Office.

Council to appoint

65, The Council s l d l appoint a returning officer, not being a candidate, to preside at the nomination and election of councillors and auditors, The Council shall reimburse such returning officer all expenses incurred by him in discharge of his duties, and shall pay him any remuneration that shall be agreed on. Such returning officer, if he shall accept office, shall not be eligible as a candidate a t the election at which he is appointed to preside.

returning o5cer.

Day of nomination- 66, The nominations of councillors and auditors f o ~ the annual

election shall take place at the District office, at noon, on the third Monday in June in every year; and ten clear days at least before that day the District Council shall cause public notice to

be given of the place, day, and hour for the nomillation of

candidates. 87. The

50" & 51" VICTORIE, No. 419.

The District Councits Act.-1887.

67. The nominations of councillors and auditors shall be signed PAZT v-

by two ratcpavcrs, and shall be in such one of the forms in the Form of n~minotion,

Fourth schedule to this Act as shall be applicable, or as near thereto and time for ldging it.

as circumstances will admit; but no nomination shall be acted upon unless the same shall have been lodged in the District office before the hour of noon of the day fixed for nominations.

68, On the day of nomination the returning officer shall attend P m e e d i ~ o n W of

nomination.

at the District office at the hour of uoon, at which time and place he shdl cause all the nominations lodged in the office to be publicly opened and read aloud. If there be such number of candidates nominated as are required to be elected and no more, the returning officer shall declare such candidates to be elccted to serve in their respective offices, in the case of councillors, as from the first Monday in the July next ensuing, on which day the election shall bc deemed to be concluded, and in the case of auditors as from thc first Monday in September next ensuing; but, in thc event of there being more candidates nominated than arc required to be elected, the returning officer shall adjourn all further proceedings in respect of such electlon until the first Monday in ihe July following, when the election shall be bv ballot; and the District Council shall, for the purposes of thc e l c c t h, be considered a public body within the meaning of '' The Ballot Act, 1862"; Providcd that the voting at every such election shall commence at nine o'clock in the forenoon and finally close at five o'clock in the afternoon of the same day: Provided also that earlier hours for commencing and later hours for closing may be prescribed by by-law.

69. The returning ofher upon any such adjournment shall forth- Notices of adjourn-

with give notice thereof, and of thc objcct thereof, and the names ment"	begiven.
of the several candidates, and i n the case of wards, fbr which wards they are respectively nominated, and the day, hour, and place when and where such election is to takc place by posting handbills on every post office in the Bistrict, and on every other place

appointed by the Council by by-law as a place for posting notices.

70, Where the District is not subdivided, the ballot shall be Returning officer to - -

appoint a polling-

taken at the District office; and, where the District is subdivided, the and poll clerb

returning officer shall appoint polling-placrs, of which the District in each ward.

office may be one; and there shall be one of such polling-places in and for every ~vard in respect of which there is anelect&;: Pro- vided that the returning officer may by the notice under the last preceding section fix one or more ward or wards in which alone the votes for auditors shall be taken.

71. The returning officcr or his deputy shall presidc at each Returning officer or deputy to preside at

polling-place for. taking the poll, and shall, in writing, mark with ,h ,un,-,kc0

voting

the initials of his name every voting-paper to be used at such and papera.

election.

72, Each candidate shall be entitled to appoint, in writing, one Scntineers-

scrutineer to be present in each polling-place, and such scrutineers in polling-pkca. Who may be preaent

and

50° & 5 1 ~ VICTORIW, No. 419.

The District Councils A c t. 1 8 8 7.

P*JW v* and the returning officer or his deputy and the poll clerks, and any voters actually engaged in voting, shall alone be permitted at any one time to enter or remain in the polling-place.

Powem of returning

officer, his deputy, 73. Every returning officer and his deputy shall have authority

&C.	to maintain and enforce order, and keep the peace at any election or polling l~eld by him, and, without any other warrant than this Act, to cause to be arrested and taken before a Justice any person reasonably sqspected of knowingly and wilfully making a false answer to any of the questions which may be put to him under the Ballot Act, 1862, or any other Act for the time being in force in that behalf, or of personating or attempting to personate any voter, or of attempting unlawfully to vote more than once at the same election, or leaving or attempting t~ leave the polling-place after having received a ballot-paper, and before. having deposited the same in the box, or causing a disturbance at any election, and to cause any person to be removed who obstructs the approaches to any polling-place or conducts himself in a disorderly manner there; and all constables
and peace officers shall aid such returning officer, his deputy, or
other person so appointed as aforesaid in the performance of his duty.

W ~ O may vote. 74, At m y election of councillors or auditors every person of the

full age of twenty-one years, whose name appears as a ratepayer in the assessment-book for the current yew in respect of any pro- perty within a ward, may give one vote in each ward in respect of the property for which he is assessed therein, and the rates for which have been duly paid pursuant to the next following section; and at any election of councillors or auditors, where the District is not subdivided into wards, every person of the full age of twenty- one years whose name appears as a ratepayer in the assessment-book for the current year may give one vote, if the rates have been duly paid pursuant to the next followinl: section for the property for which he is assesscd therein. In case of joint tenancy, or tcnmcy in common, one person only shall vote, unless the property shall be

assessed at a value above Seventy-five Pounds, and then one other joint tenant or tenant in common as aforesaid, may vote for each	additional Seventy-five Pounds or for any fractional part of Seventy-
five Pounds of assessed value, and joint tenants or tenants in common entitled to vote may vote in the order in which they tender their votes until votes shall have been taken for the whole value, or all the joint tenants or tenants in common shall have voted.

Rates to be paid prior	75, No ratepayer shall be entitled to vote at any election until all rates which shall have been declared six months previously, according to the provisions hereof, or of any Act hereby repealed and which shall then be payable by him in respect of the property for which he may claim to vote shall have been paid; and any rate- payer, or collector of rates appointed under this Act, may object to any person attempting to vote if such rates shall not have been
to voting.
paid. The clerk shall cause a lint of all ratepayers who owe any

rates

50" & 51" VICTORIW, No. 419.

23

The District Cwncils Act.-1887.

rates to be produced at every polling-place, but the non-production	PART Y.
of such list shall not invalidate the proceedings.

76. No occupier of any ratable property who shall have duly vote o c ~ u ~ i e r ' s f i g h t ~ ~ protected if he

paid up all arrears of rent to the owner thereof shall be deprived of h,, paid rent to

his right to vote as a ratepayer at any election under this Act by Owner.

reason of the non-payment 'by the owner of any rate due for the property in respect of vhich such occupier may claim to vote, and for which the owner shall have agreed with the tenant to pay the rates.

77. After every election the returning officer shall make up Expensesof return-

and present to the clerk an account of the reasonable expenses "gofficer-

incurred by such returning officer in and concerning the conduct of

such election in accordance with this Act, and such expcnscs may

be recovered before any two Justices, togethe$ with any remuneration

to which such returning officer is entitled.

78. Wherever the annual election shall from any cause wholly On faiIureof annual

or in part fail to be made upon the day appointed by this Act, or, ordinarg election and on extra-

such election being made, shall afterwards become wholly or in part a~pplementrry elec-

tlon to be held.

void, and whenever an extraordinarv vacancv occurs in the office of coudcillor or auditor, s supplem~ntary eLction shall be held: Provided that the Governor may appoint a councillor or auditor t;o supply any extraordinary vacancy occurring bcfore the first meeting

of the council.

79. Immediately upon the happening of such whole or part Proceedings on SUP-

failure or avoidance, or such extraordinary vacancy, the Couucil shall	plementary election.
by public notice appoint a day, not being earlier than seven days nor later than twenty-one days from such noticc, fbr the nomination of thc persons to be elected, and such nomination shall takc place on the day so appointed in like manner as at the annual elcction, and,
if there shall be such number of candidates nominated as are
required to be elected and no more, the returning officer shall de-	clare such candidates to be elected to serve in their respective
offices as from the day of nomination and election, but, in the cvent
of thcre being more candidates nominated than are required t o he 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 less than six nor more than ten clear days from the day of nomination, and on the day so fixed the election 3hall take place in like manner as a t the annual election.

80. The returning officer shall cause public notice, but without Notices of adjourn-

advertisement in the Go~w-rtrnent Gazette, to bc given of such ment to be given.

adjournment, and the object thereof, and the n a n w of the several

candidates, and, in the case of wards, for which wards thcy are

respectively nornixmted, and the hour and places when and where

such election is to take place.

81. Whenever any supplementary election shall wholly or in Proceedings in caseof

part fail to be made, or shall become wholly or in part void, the ofBupplemsnty failure or avoidance

Council eleotion.

50" & 51" VICTORIW, No. 419.

he District Councils Act.-1887.

Council shall hold anothcr supplementary election in like time and manner as upon the failure or avoidance of an annual election.

Retirement of pereons	82. Every person elected to supply an extraordinary vacancy
elected to fill extra-

ordinary vacancies.	shall, for the purposes of retirement, be deemed to have been elected when his immediate predecessor in office was elected, and shall retire accordingly, but shall be capable of being forthwith re-elected
if qualified.
Notice of election to

be given to eaoh 83. Within forty-eight hours from the election of any person to

ereon elected, and to	any office in the District, the returning officer shall cause to be
e inserted in 14aeetta.	delivered or posted to such person a notice informing him of such election, and within fourteen days of such election shall cause a notice thereof to be inserted in the Govemmant Gazette.

Proceedings where the 84, Where any person shall be dected for rnorc than one

aame person is elected

for more than one

ward, he shall not be considercd a councillor for any or either

ward,

ward until by notice in writing to the Council he shall state for which ward he chooses to serve, and, in case he fails to give such notice for six days after the election, the Council shall by resolution decide for which ward he shall serve; on such choice or decision,

he shall become a councillor accordingly, and the vilcancy or

vacancies remaining after such choice or decision shall be deemed

extraordinary vacancies.

Where ~ o ~ n c i l $5, If the Council shall fail to proceed as by this Act required

21 to

hold election, resident	to any election for the space of twenty-one days from the last day
Justice or Special
Magistrate on request	on which such election is required by this Act to be held; or, if by
to hold the election.	resignation or otherwise it happens that there are no councillors for the District, any Justice of the Peace resident wit'nin the District, or any Special Magistrate may, upon the request in writing of any three ratepayers of the District, do cvery act by this Act required to be done for holding such election, including the appointment of
a day of nomination, and a returning officer.

PART VI. PART VI.

OF THF, MEETINGS O F THE COUNCIL.

Clerk to be 86.

The District Council shall appoint a male persoli of full age who is not a councillor or auditor to be clerk to the Council, and he shall be called the District Clerk; but any councillor or other person appointed as hereinaftel* provided may perform the duties of such clerk in his absence.

appointed.

annualmeeting to be	87, The annual meeting of the Council shall be held in the month of July next after the passing of this Act or the appointment of the Council, and in the month of July in every succeeding year, at the District office, on such day and at auch hour as the Council shall determine.
held in ~uly.

Ordinary and speeid $8, Ordinary meetings of the Council shall be held at the District

meetings. office a t such times, not being less than one in each month, as the Council shall from time to time determine; and special meetings may be held at any time and at any place within the District. Any

meeting

50' & 5 1 ~ VICTORIE, No. 419.

Th.e District Councils A c t. 1887.

meeting may be adjourned to any time and to any place within the	PAET YI.
District, and any business required to be done at an annual or ordinary meeting may be done at a special meeting.

89, A special meeting may be called by the chairman at any Special meetings.

time, and, on the requisition, in writing, of any three councillors, i t shall be his duty tu call sucl~~meeting, and if the chairman refuses or

for two clear days fails to call such meeting upon such requisition

any three couldlors may call such meeting by public notice, signed by them, and stating the object of such meeting and the time and place of holding the same.

90, Unless and until otherwise providcd by by-law, tllree days Three days' notice of

notice of every mceting, signed by the clerk, shall ice scnt by post to every councillor informing him of the time and place of meeting, and in the case of a special meeting of the business to be done thereat.

91, At all meetings of the Council, except where otherwise Quorum.

provided by this Act, one-half of the members for the time being shall form a quorum, but the clerk, in the absence of all the

councillor^, or any councillor present alone, or the majority of noquorum.	Adjournment where
councillors 1)resent at a inceting at which there shall he no quorum, may, at the exr~iration of half an hour from the time fixed fbr such rnebting, ndjomn the same, and any business which could have been transacted at such meeting may be transacted at the adjourned meeting.

92, At every meeting of the Council the chairman, or, in his m 0 is to preside,,znd

absmce, such councillor as the members assembled shall choose to his rigb"O vote.

preside shall preside, and shall have a deliberative vote, and, in case

of equality of votes, a casting vote.

93, Notwithstanding any vacancies in the office of councillor Businessof council

the business of the Council shall be carried on by the councillor or ! $ ~, ~ ~ ~ ~ ~ ~ p ", " a ~, " &

councillors actually in office, who shall have all the powers of the

Council.

94, All proceedings of thc Council, or of a committee of the Proceedings of Coun-

Council, or of ally person acting as a councillor, shall, notwith- standing defect of cd valid notwith-

standing it Inay be afterwards discovered that therc was some defect appointment, $c.

in the election-or appointment of the members of such Council or

committee or any of them, or of any person acting as aforesaid, or

that they or any of them were incapable of being councillors, be as

valid as if such members or member, o r such pcrson, had becn duly

c1ec:tt:d or appointed, and was capable of being a councillor

95. If, in consequence of death, absencc,or any lawful impediment, In case of inability of

i t shall be impossible or inconvenient for the clerk, or any coun- f ~ ~ ~, ' ~ i & p a " ~ ~ ~ m

cillor or other person, to perform any particnlar matter or thing Councilmayappoint which by this Act he is required to perform, the chairman, or, if for another person to do

D-419. the

26 p" & 51" VICTORIW, No. 419.

The District Councils Act. -1 8 87.

PART yr. the like reason, it shall be impossible or inconvenient for the chairman, the council may perform the matter or thing, or appoint some councillor or other person to perform it.

Bua~e8s f a ~ g On

Sunday, &o. 96. If the day for any meeting, or adjourned meeting, or for

any business required by this Act, or any by-law to be held or done, shall fall on a Sunday, Good Friday, Christmas Day, or public holiday, such mecting shall be held, or business donc, on the third business day after the day on which it fell,

Reuolutione, how re-

voked or altered. 97. No resolution passed at any mecting of the Conncil shall be

revoked or altered at any subsequent meeting, unless written notice of an intention to propose such revocation or alteration be given or

a posted to each of the councillors seven days at least before holding the meeting; nor unlcss such revocation or alteration be de ternlined upon by a majority consisting of two-thirds of the councillors present at such subsequent meeting, if the number of councillors present at such subsequent n~eeting be not greater than the number present when such resolution was come to; or by a majority if the number of councillors present at such subsequent meeting be greater than the number present at such former meeting.

Committees of Coun-

cil and quorum.	98. The Council may, from time to time, as they may see fit, appoint occasional or standing committees, and may fix the quorum of every such committee; and every such comnlittce s l d appoint
one of the members thereof to be chairman of such committee; and
the Council may, from time to time, continue, alter, or discontinue such committee, and such committee may, from time to time, remove such chairman; and every such committee shall report to the Council.
Neetings of com-

mittees, quorum, and 99. Every committee so appointed may meet from time to time,

voting.	and may adjourn from place to place, as they may think proper, but no business shall be done at anv meetiner of a committee unlcss the quorum (if any) fixed by the ~bunci l, &, if no quorum be fixed.	three members, be present; and at every meeting of the committee, if	the chairman of such committee be not present, one of the members
present shall be appointed chairman of such meeting, and all questions shall be determined by a mttjoritv of the votes of the rncmbers present; but the chairman shall hive a deliberative vote, and, in case of equality of votes, a casting vote,

Minuteaof meetha. 100,

The Council shall cause minutes of all the meetings of the Council, and of every committee thereof, and of the proceedings thereat, with the names of the councillors who attend at each meeting, and the names of dl councillors voting on any question for the decision of which a division is called, to be duly made from time to time in books provided for the purpose, and to be kept by the clerk under the superintendence of the Council. The minutes of every Council meeting and of every meeting of a committee, until a report is agreed npon, shall be put

for

50' & 51" VICTORIA, No. 419. 27

The District Councils A c t. 1 8 8 7.

for confirmation to the ncxt succeeding meeting, or if that shall be

PART m.

omitted to some subsequent meeting, and, if found correct, shall be signed by the chairman of the meeting at which the same shall be confirmed, or if he shall refuse or neglect so to do for seven days after such meeting, then by any two councillors presmt and entitled to vote at such meeting; and the ~ninutes of a, committee meeting at which a report is agreed to shall, if found correct, be signed at such meeting, or some adjournment thereof, by the chairman thereof.

101. Every minute purporting to be such minute as aforesaid Minute-b~~ksand

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

certified extracttr

purporting to be attested by 'the seal of the Council and signed by the clerk, shall be 'eceived as evidence in all Courts, and before all Judges, bodies politic, and persons without proof that the meeting to which the same refers was duly convened or held, or that thc pcrsons attending thereat were councillors or mcmbers of committee, or of the signature of the chairman or councillors, or of the fact of his having been such chairman, OF of their having been councillors entitled to sign such minutes, or of the affixing of the seal or of the signature of the clerk, but all such matters shall be presumed until the contrary is proved, and all such books shall, at all reasonable times, be open to thc inspection of any councillor and of any creditor of the Council, and every ratepayer of the District may inspect and tdke copies of the same at all reasonable times on payment of One Shilling to the clerk.

PART VII. PART VII.

OF CONTRACTS, LANDS, AND WORKS.

102. The Council of every District may enter into contr:~cts for ~, d, , in which

the purposes of this Act, and every such contract may be made, Councilmay	vary, and discharge
varied, or discharged as follows, that is to say-	contracts.

r. Any contract which, if made between private persons, would be by law required to be in writing and under seal, the Council may make in writing and under the common seal of the Council, and in thc same manner may vary or dis- charge the same:

Ir. 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 Council may make in writing, under the common seal as aforesaid, or in writing signed by the councillors or any two of their number acting by the dircction and on behalf of the Council, and may vary or discharge such contract in the same way as it was or might have been made:

111. Any contract which, if made by private persons, would be by

law valid although made by par01 only, and not reduced into writing, may be made by the Council in either of the

two

50" & 51" VICTORIE, No. 419.

The Disismuict Councils Act.-1887.

two ways aforesaid or by any two of the councillors act- ing by the direction and on behalf of the Council by parol with or without writing, and may be varied or discharged in the same manner as it was or might have been made:

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

Council may com-

pound cldms. 103. The Council may compound with any party who has entered

into any contract with the Council, or by or against whom any action or proceeding has been brought or threatened on behalf of or against the Council for any came whatsoever, for such sums of money or other consideration as the Council shall think proper.

Powers for council to 104. Subject to the approval of the Minister, the Council

contmct with other	public bodies in cer- may, from timc to time, contract, upon such terms as they think
tain caaes. fit, with any other corporate or public body 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; and the Council may carry out such contract according to the tenor thereof.
Council may accept 105. The Council may purchase or accept, either from the
r ~ a l and personal pro-
pertg for public pur- Crown or any person, any lands or hereditaments or personal poner. property for the public use of t,he District as a cemetery or rccrea-

tion ground, or for any other purpose, and may accept a gift, con- veyance, or assignment of any land or hereditaments, or personal property for any charitable or p~zblic purpose not connected with religious worship, and hold the same upon such trusts or for such purposes as may be declared by the donor.

mahage, and improve 106. The Council may, from time to time, demise, let, manage,	Council may let,
them. wharves, foreshores, and other property real or personal acquired propertynequiredby and improve all lands, hereditarncnts, jetties, piers, breakwaters,

by, held in trust for or by, or placed under the care of, the

~'ouncil, so as such property- be dealt with in a manner consistent with the terms, trusts, or purposes under and for which the same was acquired: Provided no such lease sliall be granted for a term exceeding fifty years.

Council W accept

conveyances of lande	107. Any lands within a District now or hereafter held by trus- tees upon trust for any public cemetery may by the said trustees be conveyed to the Council, if the Council shall be willing to accept the trust, and the Council shall hold the same upon the original trusts or such of them as are applicablc, and the trustees shall thence- forth be discharged from such trusts.
from trustees.

Council may execute 108. The Council may carry out any of the following works and

permanent works and undertakings (which shall be deemed permanent works and under-

mpby their land, &c, for that pur~ose. takings), and, subject to the trusts affecting any lands or heredita-

ments

The District Councils A c l. 1 8 8 7.

-

ments acquired by the Council, may employ such lands and heredita- P A ~ T m.

ments i n s l ~ l i works and undertakings, that is to say-

I. The opening and making of new streets and roads, and

diverting, altering, or increasing the width of streets and

roads:

11. The raising, lowering, or altering of the ground or soil of

st,reets and roads:

rrr The construction, purchase, and establishment of bridges,

culverts, ferries, and jetties:

IY. The construction, enlargement, and alteration of sewers and drains and works connected with sewerage and drainage:

v, The construction and purchasc of waterworks:

TT. The construction and providing of District offices, pounds, abattoirs, market-places, market-houses, and places for weighing vehicles and their loadings, and the making of convenient approaches to markets:

vr r. The providing of baths and washhouses:

V I I T. The providing of pleasure grounds, libraries, museums, and

places of public resort and recreation:

r X. The construction, estddishment, and providing of hospitals,

asylums, and other buildings or places for charitable yur-

poses:

X. The purchase of land and materials, and the making of

compensation to the owners of any lands compulsorily

tion, or overrule the same, in which latter case the Surveyor-	General or authorised person shall certify the plan as approved.
If the Minister confirm the objection, hc may at any time review his
decision, and vary the same if he shall see fit.

368. Any declaration required by this Act may be made before a Declaration renuired

notary public, justice, or commissioner for taking affidavits in the	by Act how made.
Supreme Court, and shall be sufficient if it purport to be a solemn and sincere declaration made in pursuance of this Act, and every person who shall wilfully make a false declaration purporting to be made in pursuance of this Act shall be guilty of the crime of perjury.

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

this Bill.

WM, C. F. ROBINSON, Govermr.

SCHEDULES.

No.

The District Councils A c t. 1 8 8 7.

SCHEDULES.

T H E FIRST SCHEDULE.

Repeals.

Reference to Act. Title of Act. Extent of Repeal.

The District Councils Act, 1876 ..................... rhe whole

The District Councils Amendment Act, 1882 ......... The wholu

The 1)istrict Councils Further Amendment Act, 1883..	.	l'he whole
The District Councils Further Amendment Act, 1585..	.	The whole sec. 2, the words from the word "ratepayer" in- clusive to the
end of the sec.;
secs. 7,8, l0,and
18, tho whole;

The South-Eastern Drainage Act, 1878..	............	sec. 26, from the
words "and in addition " inclu-
sive to the end of the sec.: seoa. 27,28,29,30,31, 32, 45, 46, and

( 51, the whole.

..

Secs. 17 to 26 in-

clusive.

THE SECOND SCHEDULE.

Districts-the BouwZarias of which have not been Altered,

Aldinga Gilbert Mount Clrawford Rosewater

Alma Plains	Grace	Muddla Wirra North Saddleworth
Angas	H all	Muddla Wirra South Spalding
An gastnn	Hamilton	Munno Para East Stirling
Balaklava	IIanson	Nairne Stockport
Delvidere	Higher cornbe	Neales Strathalbyn

r l

Benara	Julia	Noarlunga	1 alunga
Booyoolie	Kapunda	North Rhine	l'anundn

Burnside Kondoparinga R'uriootpa Teatree Uully

Campbelltown	Kulpara	Unaunga	Truro
Clare	Light	Onlraparinga	Tungkillo
Clarendon	Macclcsficld	Para Wirra	IJpper Wakefield
Crafers	Marion	I'ayneham	Walkerville 3
Ilalkey	May urra	Port Elliot	Waterloo
Dalrymple	Mitcham	Port Gamler	West Torrens
Dublin	Mobilong	Prospect	Willunga
East Torrens	Monarto	Rapid Bay	Yatala North
Echunga	Morphett Vale	R'nynie	Yatala South
Encounter Bay	Mount Barker

Districts Amalgamated.

DISTRICT OF WOO~VILI~E-Comprising the heretofore existing Districts of Wood-

ville and Glanville.

DISTRICT OF ~ ~ ~ ~ ~ ~ A - C o r n p r i s i n g the heretofore existing Districts of Barossa

East and Barossa West.

D r ~ ~ n r c r OF Y A N K A L I L L A - C O ~ P ~ ~ ~ ~ ~ ~ the heretofore existing Districts of

Yankalilla and Myponga.

DISTRICT OF SOUTH R H I N E - C O ~ ~ ~ ~ B ~ ~ ~ the heretofore existins Districts of South

Rhine and Flaxman's Valley.

DISTRICT OF S T A N L E Y - C O ~ ~ ~ ~ S ~ ~ ~ the heretofore existing Districts of Stanley

and Black Springit. Districto

50" & 51" VICTORIE, No. 419.

The District Councils Act.-1887.

Districts added to.

DISTRICT OF QUEENSTOWN AND A L ~ ~ ~ T o ~ - C o m p r i s i n g the heretofore existing

District of Queenstown and Alberton, and that portion of the Hundred of Yatala between said District and the Corporate Town of Port Adelaide.

DISTRICT OF MUNNO PARA WEST-Comprising the heretofore existing District

of Munno Para West, and that portion of the Hundred of Port Adelaide north of the

heretofore existing District of Yatala North.

D1s~a1c.r. ou BEEMER-Comprising thc heretoforc existing L)istricts of Alcxan- drina and Sremer, and the ZIundred of Xrinkley.

DISTKICT OF M ~ ~ ~ u ~ - C o r n p r i s i n g the heretofore existing District of Mannum

and the Hundred of Younghusband.

DISTRICT OF CAURNAMONT-Comprising the heretofore existing District of Caurnamont and the Hundred of Forster.

DISTRICT OF PORT WAKEFIELD-Comprising the heretofore existing District of

Port Wakefield and the Hundred of Cameron.

DISTRICT OF E ~ ~ ~ ~ s ~ - - C ~ r n p r i s i n g the heretofore existing District of English

and thc Hundred of Bower.

DISTRICT OF APOINGA-Comprising the heretofore existing District of Apoiuga and the Hundreds of Bright and Bundcy.

D T ~ T R ~ C T OF H~.~T~-C:omprising the heretofore existing nistrict of Blyth and

the Hundred of Everard.

~ T ~ T R T C T OF KA~~NA-Comprising the heretofore existing District of Grecn's

Plains and those portions of the Hundreds of Kadina and Wallsruo not irlcluded in any corporate tobn.

DISTRICT OF C ~, ~ ~ ~ o ~ - C o r n p r i s i n g the heretofore existing District of Clinton

and the Hundred of Tiparra.

DISTEICT OP M ~: ~ v ~ ~ ~ ~ - C o m p r i s i n g the heretofore cxisting District of Alclville

and the Hundreds of Carribie, Coonarie, l'ara Wnrlie, and Warrenben, as well as that portion of the Hundred of Moorowie not heretoforc included in the District of Melville.

DISTRICT OF NINNES-Comprising the heretofore existing District of Ninnes, and the Hundrcds of Tickcra and Wiltunga.

DISTRICT trict of Hutt and Hill Rivers and the Hundred of Hart. OF HUTT AND HILT, RIVERS-Comprising the heretofore existing Dis-

DISTRICT borowie and thc Hundred of Anne. OF B o ~ ~ ~ ~ o w ~ & - ~ o r n p r i s i n g the heretofore existing District of Boo-

DTSTRTCT and the Hundred of Tnrcowic. OF! C ~ ~, ~ o w ~ ~ - C o m p r i s i n g the heretofore existing District of Caltowie

~ ~ R T R I C T OF GEORGRTOIYN Cntnprising the heretofore existing Districts of

Georgetomn and Narridy and that portion of the Hundred of Ynckarnoorundie and that portion of the Hundred of Rundaleer not heretofore included in the District of Georgetown.

DISTRICT OF CRYSTAL BROOK.-I!omprising the heretofore existing District of

Crystal Brook and the Hundreds of Napperby and Wandearah, also those portions of

the l~uncireds of Pirip and Cryqtal Brook not included in the Corporate Town of Port Pirie or the District of Crjstal Brook, and that portion of the Wirrabara Forest Reserve situate within the ('aunty of victoria.

D ~ s. r a ~ c r OF G~h~b' l '~~~.-C0111~lris i11g the heretofore existing District of Glad-

stone and that portion of the IIundred of Yangya not heretofore included in that

district.

DISTRICT OF B ~ ~ ~ ~ ~ ~. - C o r n p r i s i n g the heretofore existing IJistrict of Relalie

and the Hundred of Whyte, and that portion of the Hundred of Belalie not hereto-

fore included in the said district.

DISTRICT OF YONFAI,A.-Comprising the heretofore existing District of Yongala and the Hundreds of Morgan and Mannanarie.

~ I S T R T C T OF H ~ ~ ~ ~ ~ T. - C o r n p r i s i n g the heretofore existing District of Hall&

and the Hundred of Tomkinson, and that portion of the Hundred of Hallctt not

heretofore included in said district.

DISTXICT OF MOUNT B a ~ ' ~ ~. - - C o ~ n p r i s i ~ l g the heretofore existing District of

Mount Bryan and the Hundreds of Mongolata and Rees.

DISTRICT OF BUERA.--Comprising the heretofore existing District of Burra and the Hundreds of Baldina and King.

DISTRICT OF L ~ c ~ ~ ~ ~ ~. - C o m p r i s i n g the heretofore existing District of Lace-

pede and the Hundreds of Rowaka, Duffield, Minecrow, Mount Benson, and Murra- binna, that portion of the Hundred of Lacepede not included in district aforesaid, and that portion of the County of Mac1)onnell west of the Hundreds of Lochaber,

Glen Roy, and Parsons, not included in any hundred. DISTRICT

M-4 19.

No.

The District Councils Act.-1 887.

D ~ ~ T R I C T OF T ~ ~ ~ ~ ~ ~. - C o r n p r i s i n g the heretofore existing Districts of Tatiara

and Wirrega, thc Hundreds of Parsons and Stirling, those portions of the Hundred

of Trttiara not included in the heretofore existing District of Tntiara, that portion of the County of MacDonnell north of the Hundreds of Rinnum and Hynam, and those portions of the County of Buckingham west of the Hundred of Wirrega, and between the north boandaries of the Hundreds of Tatiara and Wirrega and a line being the production east of the north boundary of the Hundred of Stirling.

DISTEICT OF N ~ ~ ~ ~ o ~ ~ T ~. - C o r n p r i s i n g the hcretofore existing District of

Naracoorte and the Hundreds of Binnum, Glen ROT, Hynam, Jessie, Joanna,

Lochaber, and Robertson.

DISTRICT OF L v c i ~ u ~ ~ ~. - C o m p r i s i ~ ~ ~ the heretnforc existing District of Lucin-

dale and the Hundreds of Conmurra, Spence, and Townsend.

DISTRICT OF RODE.-Comprising the heretofore existing Diqtrict of Robe and

the Hundreds of Bray, ltoss, and Smith, also that portion of the Hundred of Water-

house not previously included in the said district.

DI~TRICT OF B E A C B P O R T. - C O ~ ~ ~ ~ S ~ ~ ~ the heretofore existing 1)istrict of

Beachport and the Hundred of Sgmon, and those portions of the Hundreds of Lake

George and Rivoli Bay not included in any other district.

DISTRICT OF K E N N ~ O N. - C O I ~ ~ I ) T ~ S ~ ~ ~ the heretofore existing District of Kenniou

and the Hundreds of Coles, Fox, RiddoFh, and Short.

DISTRICT O F MOUNT % f ~ ~ n ~ ~ ~ ~. - C o m p r i ~ i n g thc Drainage District of Mount

Muirhead and that portion of the Hundred of Mount Muirhead north-east of said district, also that portion of the Hundred of llivoli Bdy south of the cutting from Lake Frome to the sea.

DISTRICT OF T ~ ~ ~ ~ ~ o o ~ A. - C o m p r i ~ i n g the Drainage District of Tantanoola and

that portion of the Hundred of Hindmarsh not included in any other district.

DISTRICT OF P ~ ~ o ~ ~. - - - ~ o r n p r i s i n the heretoforc existing rlistrict of Penola

and the Hundreds of Comaum, Grey, I~illanoola, Monbulla, and Nangwarry, also

that portion of the Hundred of Penola not previously included in said district.

DISTKICT OF MOUNT GAMHIRR 13~s~.--Comprising tlw heretofore existing

District of Mount Bambier East and the Hundred of Xingbool.

DISTRICT OF MOUNT GANBIER WEST.--Comprising the heretofore existing District of Mount Gambier West and the Hundred of Young.

DISTRICT OF PORT M ~ c D o ~ ~ ~ ~ r; . - - C o r n p r i s i n g the heretofore existing District

of Por t MacDonnell, and all that portion of the Hundred of Carolinc not included in

the District of Mount Gambier East.

~ I S T R I C T OF L ~ ~ c o ~ ~ ~. - C o m p r i s i n g the heretofore esisting LXstrict of Lincoln,

and that portion of the County of Flinders not previously inchded in said district.

New Districts.

DISTRICT OF YORKF. P ~ ~ ~ ~ s ~ ~, h. - C o r n p r i s i n g the Hundreds of Cunningham,

Kilkerran, Wauraltec, and Muloomurtic, together with that portion of tile

Hundred of Maitland not included in thc Corporate Town of Maitland.

DISTRICT OF M I N L A T O N. - C O ~ ~ ~ ~ S ~ ~ ~ the Hundreds of Curramulka, Kooly-

~ u r t i e, and Minlacomie, and that portion of the Hundred of Ramsay not heretofore included in the l h t r i c t of Dttlrymple.

D ~ S T R J C T OF B R O D G R T O N. - ~ O ~ ~ ~ ~ S ~ ~ ~ the Hundreds of Rfundoora, Itedhill,

Koolunga, and Wokurna.

Dlsrr trcr OF SN~WT~TVN.-Comprising thc I-Im~dreds of Barungn and Boucaut.

DISTRI~T OF POET G ~ a ~ e r a. - C o t n r i s n the Hunclrcds of Appila, Baroota,

Rooleroo, and Wongyarrs, and the Hundred of Telomie, together with that portion of the TVirrabnra Forest Reserve situate within the County of Frome.

I~STRICT OF W i ~ ~ ~ x v ~ ~ o ~ ~. - C o r n p r i s i n g the Hundreds of Coonatto, Gregory,

Pinda, Willochra, and Willowie, together with that portion of the Hundred of

Woolundunga east of the castern side of road west of section 945; north-east of the north-eastern side of main road from the north-west corner of said section to the west corner of Pastoral Lease Block A ; east of thc castern side of road east of Pastoral Lease Bloclrv D and G; east of l'astoral Lease Nlock J; cast and north of Pastoral Lease Block N; east of Pastoral Lease Block R; east and north of Pas~oral Leasc Bbck S; north-east of a straight line from the north-west corner of the latter b l ~ k to the fiouth-east corner of Pastoral Lease Block TJ; and north and east of the southem and western 'aoundarics of said block.

DISTRICT OF K A N Y A K A. - ~ O K, ~ ~ ~ S ~ ~ ~ the Hundreds of Boolcunda, Cudlamudla,

Banyaka, Moockra, and Palmer; that portion of the Hundred of Pichi Richi east of Pastoral Lease Blocks S, R, and K, east and north of Pastoral Lease Block H, east

of

No.

-. -- -- .- ---

r

The District Councils Act.-1887.

of portion of Pastoral Lease Block L, and east of Pastoral Lease Blocks E and B (exclusive of the Corporate 'l'olvn of Quorn); and those portions of the Hundreds of Yarrah and Wyacca east of west boundaries of sections 133, 134, and 143w, in the Hundred of Yarrali; and east of a straight line from the north-west corner of latter section to Mount Arden trigonometrical station, and east of a straight line from saki trigonometrical station to the north-east corner of the Hundred of Wyacca.

D l s ~ i t ~ c ~ or DAYE~-ron.r.-Comprising the Hundreds of Crozier and Wnninowie;

that portion of thc Hundred of Dawmport not included in the Corporate Towns of Port Augusta and Tlavenport,; that portion of the Hundred of Woolundunga west of the District of Wilmington; those portions of the Hundreds of l'ichi Itichi, Yarrah, and Wyacca west of the 1)istrict of Kanyaka; and that portion of the

County of Newcastle not included in any hundred.

DISTRTCT OF HAw~~.~. -Cornyr i s ing thc Hundreds of Arkaba, Barndioota,

Wirreanda, Wonoka, and Yednalue.

DISTRICT OF C O G L I N. - C O I ~ ~ ~ T ~ S ~ ~ ~ the Hundreds of Cavenagh, Coglin, Gum-

bowie, Hardy, Nackara, Yaratoo, and Parnaroo.

DISTRICT McCulloch, hiinburra, Oladdie, Uroonda, Waroonee, Yalpara, and Yanyarrie. OF E u ~ ~ ~ r ~. - C o r n l n i s i n g the Hundreds of Bcndleby, Eurelia, Eurilpa,

DISTRICT OF ORROR~O.--Comprising the Hundreds of Black Rock Plain,

Coornooroo, Erskine, Pekina, and Walloway.

DISTRICT OF ~ ~ R o ~ ~ ~. - C o r n p r i s i n g the Hundreds of Ketchowla, Terowie, and

W	onna.
DISTRICT 01" ~ ~ o R G A N. - C O ~ ~ ~ ~ S ~ I ~ the Hundreds of Brownlow, Cadell, Eba,

Hay, Krichauff, Lindley, Schomburgk, and Stuart.

I l r s r a r c ~ OF ~ I, A N C H E T O W N. - C O ~ ~ ~ ~ S ~ ~ ~ ~ the Hundreds of Skurray, Fisher,

Nildottie and Paisley.

I)ISTRICT OF I I ~ x ~ ~ ~ i ~. - C o n ~ p r i b i n g the Hundreds of Baker, Bonncy, Rurdett,

Coolinong, Glyde. Malcolm, Kcv i l l~, Snnto, and Seymour, togctlier with that portion

of thc County of Curdwell west of the Hundreds of Glyde, Neville, and Santo. D I ~ T I ~ I C T O F I < ~ ~ ~ r s c ~ ~ ~, . - C h n p r i S i n g thc wholc of tlic County of Carnarvon

(Kangaroo Island).

DISTRICT OF FRANKLTN 1Inn~on.-Conlprising the whole of the County of

Jervois.

DISTRICT OF E~~~~s~oh '. -Cornpr i s ing the whole of the County of Musgrave, and

portion of the County uf liobinson south of a, true east line from the most northern

point of Venus Bay to the east boundary of the said county.

DISTRICT OF STREAKY BAY.-AU that portion of the County of Robinson not

included in the district of Elliston.

The above references to blocks in I'astoral Leases rcfcr to the said blocks as shewn in the public plans deposited in the Surveyor-General's office.

T I I E THIRD SCHEDULE.

I, A B. , of do solemnly and sincerely declare that all thc 8. 39.

signatures [or, ;f ths case so r ~ p u i r e, such and such sig~zatures, describing them as

znitiuled or marked by each r iec la~ant] affixed to the above petition are the genuine

signatures of the persons ~vhose	they purport to be, and that such persons are rate-
payers [or as the cuse may be] of	[district, ward, or ~ Z a c e ].

THE FOURTH SCHEDULE.

Nominat ion of Councillor.

District Council of . Annual election, 18 [or as the case may be]. 137.

9 We, the undersigned ratepayers of the District for, f the District be divided

into wards, of the ward of

in the District), do hereby

norninat e

VICTORIA?, No.

The District Councils Act.-1887,

nominate [here state names qf candidatcl, of as a candidate for the office of Councillor of the District at the election to be held for the District (or

ward) on the day of 18 .

[Signatures of nominators.]

Nomination of Auditor.

District Council of . Annual election 18 [or as the case may he].

WC, the undersigned ratepayers of the District, hereby nominate [here state names ofcandiclat~] as a candidate for the office of Auditor of the Ijistrict at the election to

be held on the day of 18 .

LSignatures of nonzina tors.]

I, the above-named [candidate's name], do hcreby consent to the above

nomination.

[Candidate's signature.]

THE F I F T H SCHEDULE.

Agreement for exchafige qf land between the Council and the owner or the owner and

occupier of the Land to 6e taken in Exchange.

District of

This agreement made this day of , 18 , pursuant to " The

District Councils Act, 1887," between the District Council of	I
of the first part, A.R., of, the owner of the premises in
the First Schedule hereto described, of thc sccond part, ancl C.D., the occupier of
the same premises, of the third part.
Whereas thc Council now hold the prcmises in the Second Schedule hereto rlc- scribed (if applicable, add upon the trusts and subject to t,he conditions in the same	Schedule statcd), and desire to obtain in exchange for the same the premises in
the First Schedule described.
NOW this agreement mitnesseth that the Council shall give the premises in the Second Schedule described in exchange for the prcrriises in the First Schedule described, and shall pay to (or receive from, as the case may b e ) the said A.R. the sum of f. [and to (or from) the said C.D.] for equality of exchange, (ij' applicuble, add and the pren~ises in the Second Schedule described shell, from and after the cxchange, be freed from the trusts and conditions in the same Schedule stated, and- the premises in the First Schedule described s l d l be held by the Council upon and subject to thc said trusts and conditions, and in the same manner as the premises given by the Council in exchange were held).
C.D. their hands, the day and year first above written.

In witness whereof the said Council has hereto set its seal, and the said A.B. and Pirst Schcdz4lc fo Agrcment.

[Here describe, by situation, bozmdarics, and area, the land owwd by A.B.]

second 8C71Cdde t o Agveement.

[Xe l r describe, by &tuation, boundaries, and area, the land to be gken i n exchaltgc by the Cozcnci2, and

set out the trusts and conditions, if aNy, which, at the time of thd exchange, a fec t the same.]

TIIE SIXTH SCHEZULE.

Ordeer for .&change of Land.

District of

Whereas we, the District Council of , deeming it

expedient to exchange the piece of land containing being

situated [here describe the piece of land , and within the said District, for

another piece of land containing

same], and situate within the

said

VICTORIE, No, - -

The District Cou?zcils Act.-1887.

-

District, have, pursuant to " The District Councils Act, 1887," entered into as

agreement for such exchange with the owner rand

the occupier-] of the last-mentioned land, and have caused

a survey plan showing the boundaries and positions of the said pieces of land

to be deposited in the Surveyor-General's office: And whereas we have caused

a notice to be inserted in the Government Gazette of the

day of, 18, stating the proposed exchange, and giving all the other particulars required bp the said Act: And whereas no objections having been made to the said exchange [or notice h~wing been given us by Pccmes o j objec- tors] of ptute how many] objections to thc sitid exchange], a meeting of us, the said Council, was held after the expiration of forty days and within sixty days from the first publication of the said Gazette notice, that is to say, on the day of

1 8 , a t in the said province, being the

time and place appointed in the said Gazette notice, at which meeting we considered the said proposed exchange, and the said objections, and cietermined to make the

hereinafter contained: Now therefore, in pursuance of the provisions of the said Act, we, the said Council do hereby order that the said piece of land first above described &all be exchanged with the said [owner] for the said piece of land secondly above described, in manner set forth in thc said Gazette notice

Dated the day of , 18 .

THE SEVENTH SCHEDULE.

Notice of Con;firmation of Order for Exchange of Land.

District of

The District Council of did, on the

day of , 18, cause to be lmblished a notice of a proposal to

exchange the piece of land situate Ctlescri6s generdly the sitzcation of the land] for

[give general description of the piece to be tnken in exchange] ; and the Council, by an

order of the day of, 18, having ordered the

exchange to take place in manncr stated in the notice, His Excellency t,he Governor has been pleased to confirm the order, and to direct that the Cornmissioner of Crown Lands shall issue certificates of title to the persons entitled respectively to the lands mentioned in such order.

Dated- Crown Solicitor.

THE EIGHTH SCHEDULE. S. 118.

Receipt for Money Paid for E'puality of Exchange of Land (where indorsed on the

agreement.)

District of

WC (or I ), the within-named do hereby acknowledge

to have received from the within-named the sum of

, being the amount within agreed to be paid by

to for equality of exchange.

Dated the day of , l 8 ,

[The like where not indorsed.]

District of

Whereas by an agreement dated the day of

18 , and made pursuant to The District Councils Act, 188'7," between the District

Council of, &C., it was agreed [recite the .agreement for exchange], and whereas the

sum of , the amount by the said agreement agreed to be paid for

equality of exchange, having been paid to

, I /or we), the said do hereby acknowledge to

have received the same,

Dated the day of , 18 THE

VICTORIZ, No.

The District Cozcncils Act.- 1887.

THE NINTH SCHEDULE.

Certijicabe of Title by Commissio~zer of Crown Lands under Order for Emhange of

Land.

South Australia, Register Book, Vol. , Folio .

1, , Commissioner of Crcwn Lands of the said province, pursuant to

the direction of His Excellency the Gowrnor. published in the Goverrcment Gazette of the day of, in confirming an order fox the exchange of made

by herein rcferred to, date11 trls day of , do hereby certify

that is for are) now seized of an &ate in fee simple in th i t

68. 126, 340. THE TENTH SCHEDULE.

Reference to Act. Title of Act.

4 Vict., No. 5 (1840) An Act to regulate the Slaughtering, and prevent thc Stealing, of Cattle.

No. 2 of 1844 An Ordinance to authorise the levying of Fees on the Slaughtering of Cattle

in South Australia.

No. 8 of 1858	The Impoundihg Act of 1858.
No. 5 of 1862	An Act to regulate the Sale of certain Poisons.
No. 267 of 1882	The Sale of Food and Drugs Act, 1882.
No. 19 of 1862	An Act for the regulation of Cemeteries.
No. 26 of 1862	The Thistle and Bur Act, 1862.
No. 357 of 1886	The Bush Firm Act, 1885.
No. 6 of 1867	The Dog Act, 1867.
No. 32U of 1884	An Act to amend the nog Act, 1867.
No. 12 of 1867	The Width uf Tires Act of 1867.
NO. 9 of 1868-9	An Act to amend the Width of Tires Act of 1867.
No. 16 of 1872	An Act to provide for the rn r~y ing of Lights by Vehicles at night.
No. 33 of 1876	An Art to amend Act No. 16 of 1872, intituled " An Act to provide for the

carrying of Lights by Vehicles at night."

No. 6 of 1876 An Act to regulate the use of Guns and Firearms i n certain cases.

No. 378 of 18%	The Game A&, 1886.
No. 139 of 1879	The Rabbit Suppression Act, 1879 (as revived by the Vermin Act Repeal

Act. 1885).

No. 346 of 1885 The ~ c r r r k n A & Repeal Act.

No. 70 of 1817	The Lodging-house Act.
No. 102 of 1878	The Fisheries Aot.
No. 104 of 1878	The South-Eastern Drainage Act, 1878.
No. 162 of 1879	The Brands Act, 1879.
No. 267 of 1882	The Brands Act, 1882.

KO. 234 of 1881 The Ornamental Grounds Act, 1581.

No. 260 of 1882 Places of Public Entertainment Act, 1882.

No. 349 of 1885 The Weights and Measures Act, 1886.

THE ELEVENTH GCIIEDULE.

District o f , Assessment Book.

PART I.

I

l	Asse~sPd T'alue--bring
whcrc property dra-

No. of Fee-simple crihed 8s ( a ) or ( b ), its

Sectior	Value	full
annunl rcntnl on leaso

estimated net

nr Situation if Property of fnnrtcen gears. [ c )

Allot-

rlrucrihed as

2$ per ceut. ou its'fec-

ment.

Ic) or (4.

sltu	le value. I d ) 6 per
cm!.	on its iee.simple

value.

PART

The District Councils Act.-1887.

PART 11.

'pecia1

Ratc in the Separate Rate

in the pound,

pound, declared of in the

Arrears of Rates. declared on

On the day pound, declared, l

the day of

of 18 . 18 . Remarks.

- .-

1

Amount , W h m Amoi~nt When Amount

Amount. Tz Payable. i Paid. I'agrtble. P~id. Payable.

- - - I -

[N.B.-Property may 6e described 6y reference to the heading of the column as '' Class a," or " 6," c t or " d."]

THE TWELFTH SCHEDULE.

Notice of Assessment.

District of Thc District Council of have caused to

be made an assessment of all ratable property within the above District, with the names of the owncrs and occupicrs, so far as known, of such property; and copies of the assessment have been made, and such copies arc deposited at [here

state where the copies are deposited], and are open for inspection at a11 reasonable

times; and any person intending to appeal against the assessment may do so by notice, as requircd by The District Councils Act, 1887," within twenty-one days from the publication of this notice in the Government Gazette.

Datcd the day of , 18 .

(S ipzed) A. B., Chairman for Clerk).

Notice of'dssessrnent by adoption o f precious Assessnzent [and of 7cew Assessment of

portion not previously assessed].

District of Aseessment made the day of 188 , by the District

Council of The District Council of have caused to be made an assessment of

the ratable property within the said District comprised within the heretofore exkting District of by adopting thc above-mentioned assess- ment with, and subject to certain alterations (or additions), [and have caused to be made an assessment of all other ratable property within the abovc District.]

Copies of the adopted assessment so altered /or added to) [and of the said assess- ment] are deposited at [here stale where the copies are deposited], and are open for

inspection at all reasonable times.

Any person intending to appeal against either of thc said asscssmcnts may do SO in manner required by " The District Councils Act, 1887," within twenty-one days from the publication of this notice in the Goverrunerrt Gazette.

Dated thc day of

Signed) A. R., Chairman (or Clerk.

Notice of Alteration of or Addition to Assessment.

District of Assessment made the day of , 18 .

The District Council of have caused the following alterations for

additions, as the case m a y be) to be made in the above-mentioned assessment, that ia

to say [ h w e state nature of ultcrations or add i t io?~d.

Copies of the zssessment so altered (or added to) are deposited at Lhere stote where the copies ure deposited], and itre open for inspection at all reasonable hours.

Any person intending to appeal against such alteration (or addition) may do so in manner required by The District Courlcils Act, 1887," within twcnty-one days

from the giving of this notice.

Dated the day of 18 .

(Signed) A. B., Chairman (or Clerk).

THE

No,

The District Councils Act.- l88 7,

THE THIRTEENTH SCHEDULE.

Notice o f Appeal from Assessment.

, 18 .

Take notice that I appeal to the District Council of (o r Local Court

of of Full Jurisdiction, as the case may be ) against the assess-

ment of my property,

section (or allotment) Assessment No. , on the following grounds

[here set forth grounds of appeal),

[Signature of Appellant by himself or his Agent.]

To the (Clerk of the District at' ,

or to the Clerk of the District of 7

and to the Clerk of the Local Court of [as the case may be1 ).

T H E FOURTEENTH SCHEDULE.

Nolice o f rPypeal jirom the Decision vf the Council.

, 18 .

To the Clcrk of the District of and to

the Clerk of the Local Court of

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

of Full Jurisdiction, from thc decision of the District Council of on my

appeal thereto against the awessmcnt of my property, Section (o r allotment) No. ,

Assessment No.

, on the following grounds [ J w e setjorth grounds of uppeal].

[Sigwdure of Appellant, by himself or his Agent].

THE FIFTF,I.:NTH SCHEDULE.

Notice gf General or Special Rate.

At a meeting of the District Council of duly held on the

day of , 18 , a general (or special) rate was declared of

in the pound upon the assessment of the District; and all persons liable are required

to pay the amount of the rate, according to the assessment, to tlrc District Clerk ( 0 9

Collector or other o j icer), at the District office.

~ a t c d the day of , 18 .

f Signed) A. B., Chairman of the District Cou~icil (or District Clerk.)

Notice of Separate Rate.

At a meeting of the District Council of duly held on the

day of 18 , a separate rate was declared of in the pound

upon the assessment for that portion of the District defined in the Schedule hereto;	and all persons liable are required to pay thc amount of the rate, according to the
assessment, to the District Clerk (or Ccllector o r other oficer), at the District office.

Dated the clay of , 18 .

(Signed) A. B., Chairman of the District Council (or District Clerk.)

The Schedule a6oce refeyred to.

[Define the portion of the District for which the separate rate is declared.]

THE SIXTEENTH SCHEDULE,

PO Zling Pap er,

District of Loan of ;E

I object to the District Council proceeding further with the loan.

Number of votes.. .. .. .. .. .. .. .. ,, ,. .. .. ., ,.

Description of qualification	.. .	.,	..	,, ,. ,, .	.. ..
[Signature of Ratepayer.]

THE

50" & 51" VICTORIW, NO. 419.

The District Councils Act.-1887. -

THE SEVENTEENTH SCHEDULE. a. 181.

Form of Debenture.

South Australia.-District of No. 8

The District Council of , in consideration of the sum of pounda

paid to the said Council for the purposes of the said District, hereby binds itself to pay

to the bearer for the time being of this debenture the sum of pounds,

and to the bearer or bearers for the time being of the coupons or vouchers annexed

hereto, interest npon the $aid sum after the rate of per centum pcr annum,

such interest to be payable on the first day of and the first day of in

every year, and the principal to be paid on the first day of in the year one

thousand eight hundred and: And the said Council hereby assigns the special ( o r separate) rate authorised to be levied in the said District (or in portion of

the said District) from time to time for the purpose of [shortly describe works or under-

takings for which special or separate rate declared] to the bearer for the time being of

this debenture until the said principal sum be satisfied, and to the bearer or bearers for thc time being of the coupons or vouchers annexcd hereto until the intercst upon the said principal, as represcnted in such coupons or vouchers by him or them held, shall bc satisfied.

Given under the seal of the District Council of , the

day of , one thousand eight hundred and

[The seal of the District Council.]

The seal of the said Council was hereto affixed on the date hereof in the presence of -

A. B., Chairman.

C. D., Clerk.

NOTE.-Interest and principal payable at the bank of the Council in V

or at such bank or other place as may be appointed by notice to be given in the

South Australian Gooe~nment Qazette.

COUPONS O R VOUCHERS.

South Australia.-District of '

Coupon for & , for half-year's interest due the

day of , 18 , on debenture No. .

Payable to bearer at

[Thc seal of the District Council.]

A. R., Chairman.

C. D., Clerk.

THE EIGHTEENTH SCHEDULE. B. 193.

Notice of Lettifig or Selling Land for Arrears of Rates.

District of

There is now due, in respect of the land (or lands, as the case may be) mentioned in the Schedule hereto the sum (ur respective sums) set opposite to. the description of such land (or lands) in the Schedule, for a rate (or rates) declared b y the District Council of , for the year ( o r years) ending as in-

the said Schedule mentioned; and the owner (or owners) of such land (or lands) are required to take notice that unless the amount (or amounts) so due, together with the costs of and attending this notice, bc paid in one year from the first publication of this notice, the said Council will let the same from year to year in manner provided by '' The District Councils Act, 1887," or an application will be made by the said Council to the Supreme Court for an order for the sale of the said land (or lands) or so much thereof as may bc 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 ,l8 .

Chairman ( o r Clerk).

N-419. The

50" & 51" VICTORIE, No. 419.

The District Councils Act.-1887.

Description of Land-

by numbers of Sections Name of Owner, or Amount

Number of Date of ending of h e t

and names of Hundredn, Reputed Owner (or Pears for which Pear for which Eaten Estes.

or numbers of Allotments state if owner T- Rates in arrear. i t1 Arrenr.

and names of Townships, known). i Or

or other description.

Adelaide : Ry authority, E. S~mmlsa, Government Printer, North-temce.