The District Councils Amendment Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A. D. 1904.

No. 863.

An Act to amend " The District Councils Act, 1887,"

and for other purposes. .

[Assented to, November 24th, rpog. ]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited for all purposes as " The District short titleand

Councils Amendment Act, 1904," and shall be incorporated and read 'nmvomtiOn-

with ~he'District Councils Act, 1887 " (hereinafter referred to as the principal Act), and all Acts amending the same.

PART I.

PRELIMINAXY.

2, This Act shall be divided into Parts, as under :-

PART ~.-Preliminary.

PART 11.-Revision Court.

PART 11 I .-Elections.

PART IV.-Powers of Council-

DIVISION	I.- Lighting: .
DIVISION	I [.-Lighting Rates:
DIVISION	111.-Permanent Works, Undertakings, Etc.:

A-863 DIVI~ION

4' EDWARDI VII, No. 863.

. The District Coztncils Amendment Act.-1904.

DIVI~ION VI.-Reclamation of Land and Flooded

Roads:

DIVISION v11.-Noxious Weeds, Etc.:

PART v,-By-laws.

PART VI.-Miscellaneous Provisions.

Amendments and 3, The sections of The District Councils Act, 1887," enumerated

mpeals. hereunder are repealed or amended to the extent herein set forth-

Deanition - h t e - Section 6-Repeal the word ‘L Ratepayer " and the definition

payer " amended.	thereof; and substitute in lieu thereof, "	L Ratepayer ' shall
Corporatione Aot,

1890. mean and include the occupier of ratable property, and also the owner other than the Crown of ratable property, whether occupied or not, within the District and whose name appears in the assessment-book in respect of such property:

Debition of

ocoupier." Occupier" shall mean the occupier of any land, or the person who, for his own use and benefit, is in actual and bond fide occupation of the land for which he is assessed as occupier: Provided, however, that as regardsvacant township allotments, or township lands and buildings, where there is no bond j d e occupier, the owner only shall have a right to vote:

The definition of Section 6-Add after the words General Registry Office," at

"town&$' extended. the end of the definition of Township," the words and

sec. 3, A C ~	191, 1880.	shall also include any township or village containing forty
dwelling-houses situated within a radius of one mile ":

Auditor eligible for	Section 58-Repeal	all the words after the word 'L retire " in the
re-election at any

time.	twelfth line:
Nomination of

Councillor or Auditor	Section 67 of the principal Act is hereby amended by the addition thereto of the following words :-"	And no such nomination
to be signed by him.

paper, either for Councillor or Auditor, shall be acted upon unless it be signed by the person nominated in token of his

consent thereto: 9 9

P-G on dsy of Section 68-Repeal the word Monday " wherever occurring,

nomination and

election.	and insert in its place the word Saturday "; and at the end of the section add-Lb Provided that the voting at every such election in the District Councils specifically named in section 60 of this Act shall commence at eight of the clock in the forenoon and close at seven of the clock in the afternoon
of the same day ":

Chairman,oninability	Section 95-After	the word " Councillor " i n the third line add
of auditor, may ap-

mint another person the word auditor ":

io do hb work:	Section 109-Repeal	the words " Five Pounds per chain " in the
Recove ry of cmte in
na~ing
exoeed One Shilling

~treet not to thirteenth line, and insert in lieu thereof One Shilling per

pea lind foot lineal foot frontage ": Section

4 EDWARDI VII, No. 863. 8

-

The District Councils Amendment Act.-1 904.

Section 128-Repeal the words Five Pounds, or more," and PABT I.

insert	Ten Pounds " in lieu thereof:	Moneyr to be paid
into Lank.

Section 129-Repeal the words " general rates declared for " in Expenditure of

the next to the last line, and inert in lieu thereof " revenue """S " ' '

of ":

Section 133-Repeal all the words after " township " in the seventh Principle of B-

ment of building and

line up to and inclusive of the words fourteen years " at outdde of a

the end of the ninth line, and substitute in lieu thereof the township.

words at four-fifths of the gross annual rental at which

the whole would let for a term of seven years, or at five per

centum on the capital value ":

Section 133-Repeal	lines 10, 11, 12, 13, and 14:	Bloclrs of twenty
acres not distin-
Section 208-Repeal	the word G two " in the second line, and	Counoil to take

substituie the word five " in lieu thereof: temporary posseesion of land.

Section 224-Strike out first day of July " and insert thirtieth

day of June " in lieu thereof:

Section 278-Add to the end of the section the words, "Provided street of townahip

also that any street in any township, the plans whereof have opned.	partly eold may be
been deposited in the Lands Titles Office, and which town- ship haa been partly or wholly sold, may be opened by the Council on the request in writing of two-thirds in number of the owners of the land adjoining such street ":

Sections 282, 284, and 285-Repeal the whole of these sections: Repeal of W. 282, 284, and 286.

Section 28 6-Repeal the word unimproved " in the second line,

and add the following to the section :-" This section shall

not apply to any road within the boundaries of a district Leauing unimproved

upon which road, during the seven years preceding any pro- , . ,

posal for letting or allowing the use and occupation of ih

surface, any money has been spent in improvement ":

Section 290-Repeal the f ollovi.ing paragraphs: -

For establishing and regulating slaughter-houaes, and for regu- Repeal or part of

lating the kind of cattle to be slaughtered thereat, and the "B"o	290.
amount of fees to be taken for slaughtering licences, and for

cattle slaughtered at a slaughter-house: I

For tlie prevention of the slaughtering of cattle of all or any

kinds except at slaughter-houses established by the Council:"

Section 367-Add the words, " And the Registrar-General shall D.C. Aat.

have power to permit the correction of any errors which have se0.367 amended.

been proved to his satisfaction to have been made in any plans

' which have been or may hereafter be deposited in the Lands

Titles Registration Office, or the General Registry Office: Provided that in making such corrections the original plan shall not be altered, but the corrections shall be made by

I mean8

4 4" EDWARDI VII, No. 863.

Zke Dist r ic t Couacils Amendment A c t. 1 9 0 4.

PART I. means of a new plan, certified to by a licensed surveyor, to be deposited and to be attached to the original plan and A showiig the required correction. "

Nomination of

Councillor. The Fourth Schedule of the principal Act, "Nomination of Coun- cillor," is hereby amended by adding thereto the following words-

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

tion.

[Ccmdadai.e's signature.]

Entry of rates in	The Eleventh Schedule-Repeal	the Eleventh Schedule and sub-
asaeeement-book.

stitute in lieu thereof the First Schedule to this Act.

Bepeal. 4. Section 7 of "The Land Value Assessment Act, 1893," is

repealed.

PART 11.

REVISION COURT.

L*

of ~ 0 t. a ~ Corporations Act,	to be	5. The Clerk of every District shall, in the month of May in each year, and at such other times as the Council may direct, prepare such
1890, npc. 32.	voters' roll; and copies of such roll shall be exhibited in one or more conspicuous place or places in the District, or in each ward, as the Council, by resolution, may determine.

prepared.

ROU to bs p r ~ r e d o n	6, The voters' roll shall be prepared from the list of	ratepayers
the 5mt day o May.

New.

whose names appear in the assessment-book on the first day of the

month of May in which such roll is prepared.

of and objections to

Claime for insertion 7. Any person whose name is omitted from such roll may claim

namee on list.

to have his name inserted therein, and any ratepayer whose name

Ibid., sea. 33.

appears in such roll may object to any other person having his

name retained therein.

Preecribed form of 8, Claims and objections may be in the forms of the Second

and when to make. aLL'm8 and ObjBCtiOne* Schedule hereto; and no claim or objection shall be available at

any Court of Revision unless the same shall have been lodged

Ibid., s e ~. 34.

in the office of the Clerk at the time prescribed by the Coun-

cil by public notice, or, in case no such time shall be prescribed, then, as respects claim, not later than fourteen days prior to the sitting of the Court, and as respects objections, not later than twelve days prior to such sitting.

&habetidlistsof 9. The Clerk shall cause alphabetical lists of all such claims

o ~ ~ and objections to be prepared and exhibited in some conspicuous ~ ~ ~ ~ ~ ~ ' ~ ~ *

to be exhibitad in each

days place within the District, or, if the said 1)istrict be divided into

before revieion. wards, in some conspicuous place in each of the said wards, for seven days at the least prior to the sitting of the Court of Revision, and shall alsD give public notice thereof.

m 10. The

4' EDWARDI VII, No. 863. S

The District Councils Amendment A c t. 1 9 0 4.

10. The Council of each District is hereby constituted a Court of PART Ir+

Revision for hearing and determining the claims of ratepayers to Council to be court

be included in, and to all objections to, the voters' roll; and the of Revieion.

said Court shall sit for the purposes aforesaid on the second Monday

in June in every year, and at such other times (if any) as such

Council may appoint.

11. The Clerk of every District shall give not less than seven Publio notioeof sitting of Court of

days' public notice of the time and place of the sitting of any Court h-,, b, *ven .

of	Revision.	corpor~tion~	A O ~,
11190, sec. 37.

12. The Court of Revision shall have power to examine persons P r - n ~ at

upon oath respecting the said claims and objections and all matters Revimon ourt.

connected with the revision of the said roll, and may award costs

not exceeding Twenty Shillings against any person who shall prefer

a claim or an objection which the Court shall deem frivolous; and

the Court shall erase from the aaid roll the names of all persons whor~e

rates or any portion thereof are unpaid at the time of the opening of

the said Court of Revision; and the Court may make such additions

to or omissions from the said roll and correct such errors or mistakes

as to the Court may seem just.

June in every year (and at such other times as the Council may in voters' roll 13, The roll so revised shall, on or before the thirtieth day of Revised list to be

respect to any particular revision appoint), be signed by the Chair- man and countersigned by the District Clerk, and thereupon form the ratepayers' roll of the particular Ilistrict to which it relates. Any person whose name shall appear in the said roll under this section shall, while his name remains therein, be a voter and be entitled to vote at all elections and meetings and polls of ratepayers in the District. Any ratepayer shall be entitled to a copy of such roll on payment of such reasonable sum as the Council may pre- scribe.

14, On any amendment of the assessment-book by the inser- Alterationandsmend- ~ 0 ~ ~ '

tion or alteration of the name of any ratepayer therein, the Court

shall, except within the period from the second Monday in June and Ibid., W. 40.

the next annual election, alter or amend the ratepayers' roll so as to

accord with the amendment of the assessment-book.

l

15, Until the rolls directed to be prepared under this Act shall Until new 1 0 ~ s are

be prepared, the existing ratepayers' roll in force in each District P repared, r o b erist- m g to continue in

fom- -

ahall be the roll for such District for all the purposes of this Act.

Ibid,, W. 41.

District Councils specificdy named in section 60 hereof, and shall Pad X. 16. The provisions of this Part of this Act sha.11 apply to the Applicationof

not apply to any other District until the Governor shall, by Pro- New.

clamation in the Government Gazette, have declared that the

provisions thereof shall apply to such Council.

PART

4' EDWARDI VII, No. 863.

The D i s t r i o t Councils Amendment A c t. 1904.

PART 111.

ELECTIONS.

In absence of

Returning Officer, or 17, Any Returning Officer who shall be unable, by reason oi

inlieuofappointment absence or illness, to perform any of the duties of Returning Officer

Chailman may

appomt.

may, by writing, appoint a Deputy Returning Officer, who shall

New.

thereupon exercise the rights, powers, and duties of the Returning

Officer.

Voting by blind men. 18, If, by reason of any bodily infirmity, any ratepayer s h d be

Munici@ corpora-

tions Act, 1890, see.

unable to record his vote, the officer presiding at the poll may permit

IS.

such ratepayer to bring with him to t.he polling-booth any person

Amended.

for the purpose of assisting such ratepayer to mark his voting

paper.

Council may 19. In the absence of any by-law under section 41 of the Act

det"'"inepouing-

places.

No. 573 of 1893, it shall be lawful for the Council to determine the polling-places within the District at which the voting shall take place.

NO vote if ratee in

20, Except where otherwise provided, no person shall be en- titled to nominate a candidate for election or to vote in any ward or District at any election or poll of ratepayers unless before the day of nomination, in the case of an election or a t least ten days befbre any poll: all sums then due in respect of any rate or rates upon all land within the District for the payment of which he is primarily liable have been paid: Provided such rate or rates have been declared six months prior to such election; and any ratepayer or collector of rates or scrutineer appointed under this Act may object to any person voting if such rates are not paid. The clerk shall cause a list of all persons whose rates are paid in accordance with the provisions hereof to be prepared for use a t every polling- place, and such list shall constitute the voters' roll in respect of such polling-place; and, for the purpose of the annual elections,

aRear8.

such list shall be compiled from the assessment-book for the year	ending June thirtieth preceding the day of election, and section 74
of the principal Act shall be interpreted accordingly.

Retirement of 21. Notwithstanding the provisions of section 50 of the

C O U U C ~ ~ O ~. principal Act, whenever the number of members of any District Council shall be uneven it shall not henceforth be necessary for a majority of such members t~ retire at every annual election, but at the next annual election the minority of such members, and at the subsequent annual election the majority of such members, shall retire, and thereafter the minority and the majority of such members shall retire a1 ternately.

PART

7

P 4" EDWARDI VII, No. 863.

The District Councils Ameadment Act.-1 904.

-- - - -- - -

PART IV. PABT rv.

POWERS OF COUNCIL.

22. Any Council may cause the streets and public places within Council empowered

any District to be lighted as they may deem requisite, and may for ~ ~ $ ~ $ e ~ ~ ~ ~

electricity, or other illuminants, and provide or contract for meters otherwlae. See m. 169, Corpom-	that purpose manufacture or contract for the manufacture of gae, oil, p,&wtricity, or
and other requisite apparatus and machinery; and acquire any land urns ~ ~ t, 1890.
necessary forthe estabbhment of such manufacture.

23. The Council, or any contractor under the control and contr~torsem-

superintendence of the Council and its officers, may break up powe*dund"the direction of the

within the District the soil or pavement of any street, and fix and council to lay pipes

lay therein any lamp-posts, pipes, wires, or lighting appliances or through atreets.	material, and cause the same to be fixed upon or against any See 160, ibid.
buildings or fences; but no pipe, or other materials or work, shall be laid or carried through any private property, except with the consent of the owner, or subject to the provisions of the 1,ands Clauses Consolidation Act.

24. Subject to any contracts made by the Council, the Council Council may remove and alter number of

may cause any lamp-posts to be taken down or removed to any other hmp, ,d , , , of

place within the District, or to be altered as to the mode of lighting, the light afPorded.

and the material used therefor, and to be increased or diminished in 161, ibid.

number, as they mey think fit.

25. If the majority of the ratepayers of any District or ward Power to light streets

shall be desirous that the streets of the District or of any ward should ~~~j~~~~~ ti

be lighted, the Council may cause the same to be lighted accordingly; District alld the mte-

and may, as to one moiety of the expenses, defray the same out of ,Mb,	pyem of such
the Council fund, and the other nioiety of the expense of lighting such District or ward shall be paid by the ratepayers thereof;

to

according to their assessments or according to the lineal frontage of :;:;S,

the premises lighted, and upon such terms and conditions as the

Council shall determine. Such last-mentioned moiety may be 162, ibid.

recovered from the ratepayers of the District or ward, under the provisions of the principal Act, in the same manner as m y ordinary rate.

DIVISION II.-LIGHT~NG RATES. D I V ~ B I O N 11.

26. In lieu of the provisions of section 25 hereof any Council &hting mte -J be

may declare a lighting rate in respect to the District, or any ward,

not exceeding Four Pence in the Pound on the assessed value of New.	Corporetiona Aot,
ratable property within the District or the ward, as the case may be.	1890, 238.

27. I n addition to the powers contained in the principal Act, Bononingpowen

any Council may, with the consent of the ratepayers, borrow money exhdde

Corporations dot.

for h. is ,aot sso, l g o r

4" EDWARDI VII, No. 863.

PABT IT. The District Councils Amendment Act.-1904.

D1vxsxoa Iu*

for permanent works and undertakings, subject to the following con-

ditions :-

Limit of borrowing. 1. The total amount of money borrowed shall not at any time

Oorporatiolls Aot. exceed three times the amount which would result from a

h. 16, Act 880,1903.

rate of One Shilling in the Pound on the assessed value

of the ratable property within the District:

&paid within	3 1.	The amount of money so borrowed shall be repaid within a
forty-two y-

Ibid.

period of forty-two years, and a sinking fund shall be

established to provide for such repayment:

Bestrictiom.	111. The annual interest, together with the annual amount re- quired for a sinking fund, shall not exceed the amount which would result from a rate of 'I'hree Pence in the Pound on the assessed value of the ratable property within the District:
Ibid.
IV. The Council shall appropriate the general rates, in the first

~ntereat to be first

paid.

instance, to the payment of interest and the establishment

'Ibid.

of the sinking fund, and the interest of the sinking fund

shall every half-year be added to the sinking fund.

28. I n addition to those mentioned in section 108 of the principal

Permanent w d a and

undertakin@ &finea. Act, the following shall be permanent works and undertakings :--

Ibid, sec. 14.

I. The construction, purchase, maintenance, and working of

Tramways, &c.

tramways by horse-traction, steam, electricity, or other

motive power:

Machinery for refuse IT. The construction, purchase, or erection of machinery for the

treatment of refuse or nightsoil:

atone quarries.	111. The acquirement of	stone quarries:
veniences.

sanitary con- IV. The providing of sanitary conveniences and urinals.

Provisione applicable

to abattoirs.	29, Before any Council shall erect any abattoirs the plans and
fbid, sec. 16.

Plans and epeoifics- specifications of the same shaU be approved by the Minister, and

tiom b b appm.ed. every such abattoir when erected shall, for all purposes of the Health

Abattoir bedeemed Act, be deemed to be a duly licensed slaughter-house.

licensed	slaughter -
home.

Powers of Central 30, The provisions of the preceding section shall not affect the

powers given to the Central Board of Health under The Health

Ibid, mu. 16. Act, 1898."

Footways may be 31. (1) Any Council, on giving public notice of its intention so

paved, and moiet of

expense recover '?l to do, may cause any footway or part of a footway to be paved or

C ~ f ~ ~ ~ ~ t i o n e Act. asphalted. The Council shall pay one moiety of the expense incurred

1895, W. 142. . thereby, and the other moiety shall be paid by the owners of the property abutting on the footway or portion of a footway so paved or asphalted, ratably, according to the lineal frontage of the premises

abutting

4' EDWARDI VII, No. 863.

me District Councils Amendment Act. - 1 904.

P*" 1.-

abutting on the footway or portion of a footway so paved: such D r v r s ~ o ~ v.

last mentioned moiety may be recovered under the principal Act	--
in the same manner as any ordinary rate.

(2) Money paid by any owner under this section shall not be ~~;;;~~&~:"

recoverable by him from his lessee or tenant, any contract or s~ecial C O U ~ M ~.

.

covenant notwithstanding, but such lessee or tenant shall, during the ~ ~ Act, ~ ~ ~ ~ ~ t i ~ ~ ~

remainder of the tenancy, pay interest at the rate of Five Pounds l@op - 6 143-

per centum per annum on the ;tmount of the money so paid by such owner. Such interest shall be paid by the lessee or tenant to such owner at the due dates of the rent under the tenancy, and shall be a debt from the lessee or tenant to the owner, and be re- coverable by distress in the same manner as rent. In like manner ttzz :L!&, or

every tenant or under-tenant liable for the payment of interest under sub-tenant.

this section shall be entitled to a refund fr6mv his sub-ten~nt during Ibid.

the remainder of such sub-tenancy in respect of the premises demised by such sub-tenancy, which refund shall be paid by such sub-tenant at the due dates of the reirt under the sub-tenancy, and shall be recoverable as aforesaid.

32. W here any Council shall raise, fill in, improve, drain, level, Coat of mclamation of lands to be borne

or reclaim any land in a District, the whole or part of the expense by adjacent ownem.

of such work shall be apportioned between the owners of the 8so.17,Act833,1903.

adjacent or adjoining ratable lands improved by such iaising, filling

in, improvement, draining, levelling, or reclamation, in proportion

to the amount of additional value which the work shall have added

to such land: and every such owner shall pay to the Council his

share of such expense, according to the valuation provided for in

section 33 of this Act.

33, The Council shall, upon the completion of	any such work-	Council to vdue and
to ~ i v e notice.

I. Appoint a valuer, who shall fix the additional value which such Ibid, sec. 18,

work shall have added to the ratable lands adjacent to or adjoining the lands raised, filled in, improved, drained, levelled, or reclaimed:

I r. Give written notice of such valuation to each owner affected

thereby, such notice to be posted to the owner, to his	I
address ae appearing in the assessment-book.

34, Within twenty-one days after receiving such notice, any owner RW of appeal.

may appeal against such valuation, and all proceedings in connection Ibid, sec. 19.

with such appeal shall be conducted so far as practicable in the same

manner as appeals against assessments.

35 Every Council may drain the water falling or flowing into ~t~~~

District roads or off the same into adjacent lands, paying such adjacent lands.

compe~sation as may be agreed between the Council and the owner Roads ~ c t, 1884, m.

or occupier of such lands or be awarded by Special Magistrate in a ".

summary way. 38. The

B-863

4' EDWARDI VII, No. 863.

The District Councils Amendment A c t. 1 9 0 4.

p-. - - - --

- - .- -

a

PABT IV. 36. The officer of any Council, upon showing his authority

D~v~srow from the Council in writing, may enter upon any private land

council may alter	within the District to inspect any creek or waterway; and if,
creekor waterway.	in the opinion of the Council, such creek or waterway is liable
Corporations Act,	to repeated overflows, or is damnled back so as to be injurious to
1890, sec. 220.	any public road or street, or the bridges or other works thereon, the Council may enter upon any such land and execute all works necessary to prevent further overflow of water on to any public road or street: Provided that no works, except cleaning out or widening the creek or waterway, shall be executed through any garden: and, notwithstanding the powers herein given, the Council shall be liable for the cost and expense of making good or repairing any damage to any fence or building damaged by any works executed; and the owner shall have the right to claim compensation for any permanent depreciation of his property occasioned by the alteration made under this clause.

Power to deatroy. 37. Any Council may, 'notwithstanding the provisions of any

Sw.20,Act 833,1903. Act to the contrary-

Notice to owner.	I. Give notice to any owner or occupier to destroy any noxious weed growing or being upon the land owned or occupied by him; and any such notice may be left or posted in the same manner as a rate notice under section 188' of the principal Act:
Council maydeatroy.	11. Enter or authorise any person to enter upon such land and

destroy any noxious weeds thereon, unless such notice

shall be complied with:

costs may be 111. Recover all costs and expenses incurred in such destruction

recovered. from any such owner or occupier.

Notice need not be 38. No person shall be liable to comply with any notice for the

complied with where destruction of noxious weeds while the council giving such notice

Counnil fails to

dentroy weeds.	neglects to take steps to destroy noxious weeds growing on any
Ibid, sec. 22.	land under its control, and being adjacent to the land of such person, unless such land (under the cpntrol of the Council) is leased to, occupied by, or enclosed with the land of such or any other person.

~x irc i ee of votee of 39.

Every public company, or body corporate, or non-resident trus- tee or trustees, being the owner or occupier of

public companiee	ratable property in any
Corporation Act,

1903. District, shall have power to nominate, by writing, not later than the thirtieth day of April in any one year, one person in any such District not divided into wards, and, as to any District divided into wards, one person for every ward in which they are owners or occupiers of ratable property, to be enrolled on the voters' roll, and every such person when enrolled shall have and exercise the rights of voters.

V d - p r o o f fences 40. Any Council may cause or permit vermin-proof fences with

aria gates.

gates on hinges to be erected and maintained across any road in any

portion

4 O EDWARDI VII, No. 863. 11

The District Councils Amendment A c t. 1 9 0 4.

portion of the District which is infested by vermin, and where the PAET IT*

DIVISION VIII.

Council consider this to be necessary for the destruction of such ver- min; but nothing herein contained shall entitle the Council to prevent the free use of such roads by the public in all respects as if the same were unf en ced: Provided, never theless, that every person opening or using such gates and road shall be liable to a penalty of Forty Shillings if' he shall fail to forthwith properly shut or fasten any gate immediately after using the same.

authorising the imposition of any rate or tax whatsoever may, not be the same. 41. The Council under the provisions of this Act or any Act Rate in war& need

subject to the provisions of sections 157 and 158 of the principal New.

Act, make and levy a differential separate rate upon the ratable Queeneland Local Authoritiee Act,

property in any ward or township within a ward for sanitary or 1902,	210.
lighting purposes, or for any permanent work or undertaking in such ward or township; but every rate made in respect of a ward or township shall be equal upon all the ratable property within the ward or township.

42. I t shall be lawful for District Councils to expend any portion

of their rates in paying for the destruction of wild dogs aud foxes on vermln,

unoccupied Crown or waste lands, reserves, roads, or private lands

within their own boundaries; and the Council, from any money

received by them for the sale of fox-skins, may pay bonuses for the

destruction of foxes, wild doge, or other vermin.

Destruction of

43. Where any person remains in use or occupation of any Occupierof unim-

road after the expiration of the period for which the same was let to proved road liable to

him by the Council under section 286 of the principal Act, without pay rent.

having given t o the Council written notice of his intention to New.

terminate such letting, he shall be liable to pay to the Council an

amount equal to the sum at which the same was theretofore let to him.

44, Notwithstanding anything contained in The Ornamental Power to let p u n &

Grounds Act, 1881," the Council may grant a lease of any portion ; ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ ~ , f i

not' exceeding twenty-one years, for the p&pose of sports, ihows,

or public recreations. Every such lease shall be granted to

two or more persons, upon such terms and subject to such rents,

covenants, provisions, and reservations as the Council may think fit. CorporationAct, 1890,

of park lands, not exceeding ten acres in any one lease, for any term &c. a resolution shall have been passed in favor of granting the same, and, if a poll be demanded, until the poll has resulted in favor of such resolution; the voting a t such poll, and the manner of conducb ing any meeting for taking the same, to be in all respects the same as at a meeting for a poll to consent to a rate.

4.. Any Coun"ci1 may, for the purpose of repairing any street, Council may ~ h k mew On

cause road metal to be placed or stacked upon the roadway of such

street at a distance of not lesa than thirteen clear feet from the centre New.

of such roadway: Provided that no such metal shall be placed or

stacked

4' EDWARDI VII, No. 863.

me District Councils Amendment A c t. 1 9 0 4.

PART m. stacked on any street so as to obstruct any street or private street

DIVIEION VIII. intersecting the same, or the watertables of any street, or the entrance or approach to any private land.

destroy bushes on 48. The occupier having an unexpired tenancy of five years, or	Occupier or owner to
ing roads. any roadway within any District shall, within thirty days after half widthof adjoin- if there be no such occupier, the owner of any land adjacent to

being required by the Council so to do, destroy all shrubs,

or bushes known as the acacia, briar, furze, and blackberry

growing or being on that portion of such roadway as is adjacent to

and lies between the boundary of his land and the middle of the said

roadway, and in default the Council may at any time proceed to

remove such shrubs. plants, or bushes of acacia, briar, furze, or

blackberry, and by 'summary procedure before two Justices may

recover from the owner making such default the expenses incurred

in such removal.

Municipal

Corporations Act, 47. The Council may cause any public street or road within its

1890, MS. 113 district to be aligned and the breadth of all footways to be deter-

and 114. mined in such manner as may be found necessary, a d at the time

Seo. 120, h d a A C ~, of making such alignment may cause permanent marks as points of

1884. reference to be fixed in such public street or road as aids in defining such alignment.

MabM1 left On md

at night.

48. Every contractor who shall lay, or cause to be laid, any heap of stones or other material upon any road within ten feet from the centre of the metalled way thereof, and allow the same to remain there at night without having taken all due precaution to guard against danger or damage happening to any person, carriage, or animal by reason thereof, shall forfeit and pay, for every such offence, a sum not exceeding Ten Pounds.

Boundary road, 4.9, Whenever a public road, bridge, or other work thereon, or

bridgee or other

public korke : how connected therewith, forms the common boundary of any part of

m h b b d and

repaired.

two Districts, and ought, in the opinion of either Council, to have any repairs or work done thereon or thereto, it shall be lawful for the Council requiring such repairs or work to give to the other Council notice in writing specifying such repairs or work, and to re- quire the said lmt-mentioned Council to concur with them in execut- ing the same; and if such two Councils shall not within three months after service of such notice enter into an agreement for executing the said work, the Council giving snch notice may execute the same, and may recover by action as a debt from the Council to which the said notice shall have been given one-half of the costs and charges as shall have been actually and reasonably expended on the said road, bridge, or work: Provided always that in determining the reason- ablenese of such expenditure regard shall be had, not only to the

state of such road, bridge, or work, but also to the comparative

necessity for the work and the manner in which the same shall have

been executed,

50. Whenever

4' EDWARDI VII, No. 863. 18

< The D i s t r i c t Councils Amendment A c t. 1 9 0 4.

50. Whenever a public road, bridge, or work, or part thereof, forms the common boundary of a Municipality and a District or an PUT IT.

D I V I ~ I O ~ ~ 1 1 1.

outlying district, the Council of such Municipality or District, or Bad, bridge, or

the Commissioner of Main Roads respectively, may execute, exer- other public work forming boundary of

cise, and enjoy the powers and authorities in respect of such road, and District and

shall be liable and subject to the actions and proceedings in the laet Muni~palit~ or

outlying dietrid :

preceding section authorised. ~ O W repaired.

51. The Council may plant any portion of the foreshore of the

sea under its control with any grasses, trees, or shrubs, for the pur-

pose of arresting any drift sands.

foreshore.

52, The Council may lay down upon any public road a track or Bicycle tracga.

way for the use of bicycles, and may make by-laws for regulating

the use of such track.

53. (1) If any building or wall adjoining any street or road, or C?unci1 g dd"hy rumous or angwoua

anything affixed or attached to such building or wail, shall be in a building. rui"nouswor dangerous condition, the ~ o u n g l may order that the N ~ W. owner shall, within a time to be limited in the drder, take down, corporations M,

secure, or repair such building, wall, or fixture in such manner 1903.

as in the opinion of the Council may be necessary.

(2) If the order be not obeyed within the time limited, the Council CMma~bermoverd from owner.

may cauae the game to be executed, and may recover the expenses

incurred for such work in any Court of competent jurisdiction from Ibid.

the owner.

54. A Council .may charge interest at the rate of Ten Shillings Interest to be charged

per centum on any loan arranged or provided for under any

Vermin-proof Fencing Act. Fencing A C ~.

--	New.
PART V.

BY-LAWS.

65. Subject to the provisions of this and the principal Act, the Purpoeee for which

Council may from time to time make by-laws for the following by -laws may be made.	Dietrict Councils Act.
purposes :-	1887. see MO. 290:
New.

The licensing of nightmen and their laborers, and for regulating Niihtmep

the use of and the numbering and licensing of nightcarts:

For regulating the removal and disposal of nightsoil, offal, and ~ t i ~ i e s, BC.

refuse, and for the appointment of proper places for the

deposit thereof:

The erection, maintenance, and supervision of public urinals: Public urinals.

The planting, preserving, and protection of trees and shrubs in Plantingof trees,

the watertable or on the footway of any street or road:

The eredtion of fences, treeguards, and other shelter and supports TreeguarQ, &c.

for the protection of trees and shrubs growing in any place under the control of the Council: The

4" EDWARDI VII, No. 863.

The District Councils Amendment Act.-1904,

- --

The licensing of all cabs (which term shall include every wheeled vehicle, whatever its form, or however propelled, used, or stand- ing), and all carts (which term shall include all vans, wagons, drays, carts, or other vehicles for the carrying of goods and merchandise) plying for hire in the district, or kept or let for hire, and for licensing and regulating the owners, drivers, and conductors of all or any such cabs or carts:

Vehiclee.

Cab stands, &c.	Appointing stands for motors, carriages, or vehicles of any description plying for hire:
tramcars.
Overcrowding of	To prevent the overcrowding of tram cars and the carrying of more passengers than the number licensed to be carried on any tram car:
Seaweed.	Regulating the loading and removal of seaweed from any portion of the sea beach within the boundary of any District:
Fences.	Regulating the erection or construction of fences abutting on public plac&, and prescribing and defining the materials of which the same shall be erected or constructed:
Driving of cattle and
Bheep.	Regulating and controlling the driving and the depasturing, feed- ing, and watering of cattle and sheep over the roads in and through any District:
Sunday tradmg.	To prohibit, either wholly or partially, Sunday trading:
Abattoirs, &c.	Regulating the control, management, and supervision of abattoirs, and the receiving, inspection, and slaughtering therein of animals; the removal and destruction of disease& meat; and the. appointment of inspectors for any of such purposes:
For regulating, licensing, and controlling houses or places for the slaughtering of cattle and for regulating and controlling the cattle to be slaughtered thereat, and for prescribing and regulating the fees payable for slaughtering licences and for cattle slaughtered at a licensed slaughter-house:
For prescribing and regulating the nature and kind of the struc- ture of and the material to be used in the construction of any such house or place in respect of which any application for a slaughtering licence as aforesaid may be made, and the drains, receptacles, and other conveniences to be provided in connection with such house or place prior to the granting of any such application:
For the maintenance of cleanliness in, at, and about every

slaughter-house and place used for slaughtering cattle:

For the regulation of cattle kept at any slaughter-house or place used for slaughtering cattle on behalf of' the owner of such cattle prior to their being slaughtered, or without being slaughtered, and the fees to be taken therefor:

For establishing slaughter-houses by the Council andoregulating

and controlling the same and the kind of cattle to be

slaughtered

4 O EDWARDI VII, No. 863.

The District Councils Amendment Act.- 1904.

slaughtered thereat, and for licensing suitable persons to	v-
slaughter thereat, and for prescribing and regulating the fees payable for such licences, and for cattle to be slaughtered at any such slaughter-house:

For the prevention of the slaughtering for trade purposes of cattle

of all or any kinds except at slaughter-houses established or

licensed by the Council:

For destroying infected cattle which, if slaughtered, would be unfit for human food:

For destroying unwholesome meat:

For any other purpose in respect of which the Council is authorised

by this Act to make a by-law.

Any by-law under this or the principal Act may be made to apply to all or any part of the District.

PART VI. PABT vi.

MISCELLANEOUS PROVISIONS.

56. Trees may be planted by any Council in any street or road Planting of trees.

within its District, and tree-guards and supports may be erected Sec. 2 6, ~ c t	833,
for the protection of such trees, provided that the public traffic 1903.

is not thereby obstructed, and provided also that the consent of

the Commissioner of Public Works shall be obtained before

trees are planted in any street or road in which water or sewer

pipes have been laid by the Government.

57. For the purpose of raising any loan for the conversion of any ~ ~ ~ ~ ~ & .

existing debt, or for the purpose of securing the repayment of any

loan and interest. in manner ~rovided bv Part XII. of the ~ r i n c i ~ a l

Act, the Council may, in addition to or i n lieu of issuing a 6 debtn-

tures, make and execute a mortgnge of any lands or any interest in land vested in the Council other than lands vested in such Council by the Crown for public purposes: Provided that no such mortgage shall be given unless the consent of the ratepayers shall have been obtained as in Part XII. of the said Act directed: Provided also that the consent of the ratepayers shall not be necessary for any extension of mortgage or to any mortgage given for money borrowed only to pay off any existing mortgage, if the concurrence of an absolute majority of the whole number of the members of the Council at a specially summoned meeting shall have been obtained thereto.

58. Notwithstanding the provisions of the principal Act, appeals Appeal to h nrsi

made under the provisions of Part X. thereof, shall, in all cases, be counaa. decided by the

made to the Council before any appeal is made to a Local Court of N,,.

Full Jurisdiction, except in the case of councillors, when all such

appeals

16 4' EDWARDI VII, No. 863.

The District Councils .Amendment Act.-1904.

PART ~ 1 - appeals made by them shall be direct to the Local Court of Full

Jurisdiction. Councils shall take all evidence respecting appeals against the assessment on oath or affirmation, and the Council when so sitting shall be a Court of Appeal, and shall make and keep a record thereof.

Books of 60. The accounts of all District Councils may, once at least

be i~peoted by

Government officer.	in each year, be inspected and audited by one or more officers to be
New.	appointed by the Governor.
that provieions of

may 60. The Governor may, by Proclamation, after resolution by the

the Building A-t, Council affected, declare that the provisions of " The Building Act,

shallipp'y to

certain District	l881 ," and any amendment8 there'of, shall apply to either or-all of
Councile.	the District Councils of Burnside, Campbelltown, Marion, Mitcham,
K ~ W.	Payneham, Prospect, Walkerville, West Torrens, Woodville, and of Yatala South, and to all such other District Councils as may by Proclamation be declared to be City and Suburban Local Boards
under The Health Act, 1898."
Exemption from

provieions of Health 61. The Governor, on the petition of any District Council, may

A C ~.	by Proclamation declare that the provisions of section l15 of " The Health Act, 1898," or of any of them, shall not apply to any District or part of any District: Provided that no such Proclamation shall issue in respect to any District Councils mentioned in section 60 of this Act.
Onus of proof on

defendant. 62. In any prosecution under section 1 of Act No. 5 of 1840,

8ec. 1 of Aot 6 of	or under any by-law relating to slaughtering or slaughter-houses
1 R40
- - - v.	made under the authority of this Act, it shall not be necessary far
the informant to prove that any cattle slaughtered in any unlicensed house or place were intended for sale, barter, shipping, or expor- tation, but such intention shall be presumed until the defendant shall prove the contrary.

Penron placing hia

name on ~esessment- 63. Any person not being legally entitled to vote as a ratepayer

book liable to fine or

who shall claim to have his name in any assessment-book as a rate-

imprisonment.

payer, or who shall vote at any election or poll, shall be liable on

New.

conviction by a Special Magistrate to a penalty of not exceeding

Five Pounds.

Posting bills, &C., in

public places without 84. Any person who shall affix any poster, bill, notice, or other

permismon of Council. papers against or upon any building, or erection, or against or upon any seat, bridge, wall, culvert, handrail, or post, or any kerb, rock-

8ec. 134,Act W,l89O. faces, earth-cuttings, flag, tree, or footpath, the property of or under the control of the Council, or who shall write upon, soil, deface, stencil, chalk, paint, or mark any such building, e rk ion, seat, .kerb, rock-faces, earth-cuttings, flag, tree, footpath, or any fixture or appendage thereto, without having first ob t amed the consent thereto of the Council, shall, for every such offence, on conviction, be liable to a penalty of not more than Ten Pounds.

65. Whenever

4' EDWARDI VII, No. 863. - ---

The District Councils Amendment Act.--1904.

68, Whenever by The District Councils Act, 1887," or by any PART W.

Act the administration of which either wholly or in part is vested in w h

any District Council, or by any regulation made under any of such W e d.

Acts, notice shall be required to be served upon any owner or occupier of land within the District, such notice shall be deemed a sufficient notice and to have been duly served if the Name shall have been sent by post in R prepaid letter addressed to such owner or occupier at his usual or last known place of residence; and every owner or occupier of land within the District shall be subject to the same obligations and liabilities as if such notice had been served upon him in manner required by the said Acts or regulations: Provided that the onus of proving that such notices have been so posted shall be on the person by whom such notices would have been heretofore served.

In the uame and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

SCNEDU LW.

4" EDWARDI VI1, No. 863. . -. -

.The District Councils 'Amendment Act.-1904.

---p --p---

SCHEDULES.

THE FIRST SCHEDIJLE.

Assessment Book.

(a)	Buildings and land occupied there. with.
(b)	Land outside of township unbuilt on.

( c ) Townqhip land unbuilt on.

N.B.-Property may be described by reference to the heading of the column 8s "Class (a)," " Class (b)," or

" Class (c) ."

Where a Board dec!ares drainage ratea, add a coluinn headed LLAssessed Value for Drainage Rate, being 5 per cent

on Incrrase in Fee-simple Value due to Drainage."

General Rate of in :he

Arrears of Rates Brought Pound, declared on the

Forward, day of

[S inr i lw money colunna to he provided

where neeea Rry tohen any other rate i c

declared.]

Assesamsrct Book -continued.

Total Amount of Ratea Total Amount c f Rates Arrears of Rates

Collected for Halt- When Paid P~llected fur Halt- Remarks.

Paid' Carried F rward.

year ending year ending

-- --

THE

4 O EDWARDI VII, No. 863.

The District Councils Amendment Act.-1904.

THE SECOND SCHEDULE.

CLAIM of A. B., of [insert the residence and calling of the cbimant], to have his Section 7.

name inserted on the voters' list of the District of for Ward, in right of [insert description of property], situate in [insert name of street, or

number of the allotment, section, &c. within the said District, being No. , in

(or omitted from, as the case may the assessment for the present year (or being

No in the assessment, and omitted from the vote1.s' list for the present year;

or being omitted from the voters' list for the present year). Dated the day

of , 19 .

[Signature of Claimant.]

OBJECTION of C. D. [insert the residence and calling of the objector], to E. F. [in-

sert name and descr+tion of E. F., as entered on uoters' list] having his name retained on the voters' list of the District of for Ward, on the

ground [shortly state the objection 1. Dated the day of , 19 .

rSignature of Objector.]

I

Adelaide