The Metropolitan Abattoirs Act 1908 (SA)
ANNO OCTAVO EDWARDI
V11 REGIS.
No. 957. An Act relating to the Erection of Abattoirs for the City
and Suburbs of Adelaide, and for other purposes.
[Assented to, December zfid, 1908.1
E it Enacted by the Governor of | the State of South Australia, |
follows: | B |
PRELIMINARY
AND APPLTCL4TION OFACT.
1. This Act may be cited as " The Metropolitan AbattoirsAct, Shorttitle. 1908."
P | ix.-Miscellaneous. |
Pa | I.--Preliminary | and Application of Act: |
Metropolitan Abattoirs Board: |
PART | I I I.-Borrowing | Powers: |
IV.-Abattoirs: |
PART v.-Markets | for Stock: |
PART VI.-Power | to take Land, |
P a m VII.-Extension | of the Metropolitan Abattoirs |
PART | VIII.-Regulations; |
2 8" EDWARDI VII, No.957.
The Metropolitan Abattoirs Act.-1908.
-
the terms in inverted commas shall have the meaning stated, except
where some other meaning is clearly intended-
"Abattoirs" shall mean the abattoirs to be erected pursuant to |
this Act: |
" Act " includes regulations:
Board " means
a The Metropolitan Abattoirs ,Board " createdby this Act:
Brand " means any trade mark or stamp, and includes any tag,
stamp, or label bearing any brand, mark, or label:
Carcass" includes the whole or any part of the flesh, wool,
skin, hide, bones, hair, hoofs, and offal of any stock:
Constituent Corporations and Councils " means and includes the Corporations of the Cities of Adelaide and Unley, the Corpo- rations of the Towns of Xindmarsh, Kensington and Nor- wood, St. Peters, and Thebarton, and the District Councils of Burnside, Mitcham, Pay neham, Prospect, Walkerville, and West Torrens, and such other Municipal Corporations and District Councils respectively as may hereafter by Pro- clamation be declared to be constituent Corporations and Councils:
Council " or | nistrict " shall have the |
respective meanings assigned to them by | The District |
Councils Act, 1887 ": |
pleuro- |
pneumonia, cancer, actir~omycosis, anthrax, hydatids, worms of various sorts, and other inflammatory bacterial and para- sitic diseases, and includes advanced pregnancy, recent parturition, and any such other defect or infirmity in the condition of stock or meat as in the opinion of any Inspector renders it unfit for human consumption, and also any other
disease the Governor may by Proclamation declare to be a | disease for the purposes of this Act: |
Diseased " means infected or affected with disease:
The |
term includes the Chief Inspector:
Meat " means the tiesh of any slaughtered stock, whether such meat is intended to be consumed within the metropolitan abattoirs area or not, and whether the game is in its natural state, or has been subjected to any freezing, chilling, salting, or other preservative process:
'L Metropolitan abattoirs area " means the area of jurisdiction of the Corporations of the Cities of Adelaide and Unley, and of the Corporations of the Towns of Hindmarsh, Kensington and Norwood, St. Peters, and Thebarton, and of the District Councils of Bumside, Payneham, Prospect, Walkerville,and
I_- | |
~ ' A W 1.
and West Torrens, and so much of the area of | jurisdiction |
of the District Council of Mitcham
as is defined in the First Schedule hereto, and the areas of jurisdiction and of such other Municipal Corporations and District Councils, or such parts thereof respectively as may hereafter by Proclama- tion be declared to be within the metropolitail abattoirs area:Municipality and Corporation " shall have the respective mean- ings assigned to them by " The Municipal Corporations Act, l890 ":
Municipal or District Council " meann the Collncil of a Munici- pality incorporated or continued under The Municipal Corporations Act, 1890," or the Council of a District incor- porated or continued under " The District Councils Act,
l887 ":
Prescribed " means prescribed by this Act, or by any regulation thereunder:
Proclamat.ion " means a Prodamation by the Governor in the
Government Gazette :
G' Public notice " shall mean notice by advertisement in the
Government Gazette, and in two daily newspapers circulating in the metropolitan abattoirs area:Smell goods " means any article of food prepared either wholly or in part from small parts of meat:
Stock" means cattle, including horses, sheep, swine, goats, and poultry of all kinds, and includes all other animals which the Governor may from time to time, by Proclamation, declare to be stock for the purposes of this Act:
The Mayor " shall mean and include the Mayor of the Corpora-
tion of the City of Adelaide, and the person for the time
being appointed to perform the duties of the Mayor by reason
of his death, absence, or any lawful impediment: |
This Act " includes regulations made under this Act:
Vehicles" include every description of cart, wagon- truck, barrow, carriage, or other conveyance.
4. (1) The Acts mentioned in the Second Schedule hereto are | l |
hereby repealed as regards their operation withill the metropolitan
SecOnasaeaule, abattoirs area to the extent mentioned in such Schedule only.
(2) Such repeal shall not affect any liability, forfeiture, or penalty incurred, any offence committed, or anything 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 liability, forfel ture, penalty, offence, or thing.
6. Notwithstanding anything contained in the Ordinance No. 8Administration and
of 1847, or in the " Licensed Hawkers Act, 1863," " The Marketsconstruction of A C ~
Clauses
8" EDWARDI VII, No.
957.
The Metropddtan Abattoirs Act.-1908. Clauses Act,
1870-71," The District Councils Act, 1887," " l'he Municipal Corporations Act, 1890," The Health Act, 1898," or ministered by the Board, and so far as the said Acts or any of them"?Y . Act amending any of the said Acts, this Act shall be ad-are inconsistent with this ,Qct, the provisions of this Act shall
prevail.
APPLICATION
OF ACT.
farce and effect within the metropolitan abattoirs area.
(3) The Municipalities of the Cities of Adelaide and Unley and of tho Towns of Hindmarsh, Kensington and Norwood, St. Peters and Thebarton, and the Districts of Burnside, Payneham, Prospect, Walkerville, and West Torrens, and so much of the District of Mitcham as is mentioned in section | |
7. The limits of the metropolitan abattoirs area may bc extended by Proclamation under Part VII. of this -4ct. | |
the abattoirs area. awine slaughtered in the metropolitan abattoirs area, but which is
Yictoria, 1652, sec. 5. brought into the metropolitan abattoirs area from any place outside
the same. | I n this section " bacon " means dried, smoked, or salted |
flesh of swine.
PART
11.
' l ' | l"IETR0POLI'I'AN ABA'L'TOIRS BOARD. |
Thc Metropolitan |
Abattoirs Board," which shall be charged with the cxecutioii of
this Act.
( a ) The Mayor, who shall be exoficio Chairman, and
( b ) Six representative members, who shall hold office for two years. None of such representative members need be a member of any of the constituent Corporations or Councils.One of such representative members shall be appointed by- -
I. The Council of the Corporation of the City of Adelaide:
11. 'l'he Council of the Corporation of the City of Unley:
I ~ I. The Councils of the Corporations of the Towns of Ken-sington and Norwood and St. Peters:
IV. The Councils of the Corporations of the Towns of Hind- marsh and Thebarton, and the District Council of West l'orrens: v. The
8 V D W A R D l VII, No. | 957. |
The Metropolitan Aba.ttoi4.s Act,-1908.
Burnside and Mitcham: | |
of Prospect, Walkerville, and |
Payneham:
l'rovided that the Governor may, by Proclamation, at any time after | |
twelve months from the passing of this | |
diminish the number of representative members, and the representa- tion of the constituent Corporations and Councils, and may re- | |
arrange the groups of constituent Corporations and Councils for the | |
purpose of appointing representative members of the Board. | |
Such Board shall be a body corporate, and shall have perpetual succession and a co~nruon | |
seal.
(2) The Board by its corporate name may purchase, take, receive, accept, hold, acquire, and possess lands, tenements, and hereditaments (in fee simple or for any term of years or othetwise) and goods and chattels, and may grant, sell, convey, transfer, demise, assign, or otherwise dispose of the same, and may arbitrate or sue, implead, and answer and be sued, impleaded, and answered in all Courts and before all Judges, Magistrates, and arbitrators whomsoever, in all actions, pleas, suits, disputes, causes, and matters whatsoever, and do and exercise all such further acts and powers as may be don2 and exercised by virtue of the incorporation, and as are by this
Act authorised to be doneand exercised.(S) 411 Courts, Judges, and persons acting judicially shall take judicial notice of such seal when aflixed to any instrumkt, and shall presume that the same was properly affixed thereto.
Pound for each meeting of the Board he attends: Provided that no member shall be paid by the Board more than Fifty-two Pounds in any one year. |
the Board shall not disqualify such member |
from continuing a member of such Council, anything to the | ||
contrary contained in any Act of Parliament notwithstanding. | ||
14. (l) Immediately
No. |
The Metrop0Zita.n Abattoirs Act.-1908. -
Immediately after the passing of this Act, and before the | ||
first day of March, one thousand nine hundred and nine, and again before the second day of March in every second year thereafter, the Councils of the Corporations of the Cities of Adelaide and Unley, and of such other Corporations and Districts as by Yroclamation are entitled to separate representation on the Board, shall each appoint a person to be a member of the Board, and so often as the person so appointed shall from any cause whatsoever cease* to be a member of the Board, the Council by whom he was appointed shall, within twenty-one days thereafter, appoint a person to fill the vacancy. Notice of every such appointment shall be forthwith given by the Town Clerk or District Clerk of the appointing Council to the Mayor, who shall, as soon as practicable, give notice of such | |||
| |||
(2) | |||
If any one or more of the joint constituent Corporations or Councils | |||
shall neglect to nominate or join in nominating a candidate, or to | |||
| |||
the same as nearly as circumstaiices will admit as in an ordinary | |||
|
8" EDWARDI VII, No.
957.
-- | -- |
(4) In the case of equality of votes among the joint constitnrnt Corporations and Councils, the Mayor shall have a casting vote.
any of the said groups of joint constituent Corporations |
and Councils shall neglect or refuse to exercise the rights of nomina- tion and election in manner and within the time hereinbefore pro- vided, the Mayor map appoint a person to be a member of the Board to represent such group of joint Corporations and Councils in default, and the person so appointed shall hold office in all respects as if he had been regularly nominated and elected pursuant to the provisions hereinbefore contained.
(6) The seat of a representative member shall become vacant on- |
the member, or the |
execution by the member of a statutory deed of assign- ment for the benefit of his creditors, or compounding with his creditors for less than Twenty Shillings in the Pound, or the conviction of the member for an indictable offence:
( b ) Resignation by notice in writing, posted or delivered to theMayor:
(c) Absence of the member from three consecutive meetings of
the Board without leave of the Board.
(7) Notice of every appointment made by the Mayor in pursuance of any of the provisions hereinbefore contained shall be given by him in the Government Gazette as soon as practicable.
16, The representative members shall hold office until notificationTerm of office. of the appointment or election of their successors, and on the ex- piration of their tertns of office shall be eligible for re-appointment or re-election.
If the ex-oficio |
chairman be not present within five minutes after the time for which
any meeting shall have been convened, or if, having been present,
he retires, the members present may, by the votes of the majority,
elect any member to be. chairman for that meeting, or
until the ex-o$icio chairman arrives, or during his absence, and such
chairman, while so acting, shall have and exercise the powers of the |
, |
ex-oflcio chairman. | Every chairman shall have a deliberative vote, |
and also a casting vote.
(1) The Board shall meet for the dispatch of business in the |
council chamber, Town Hall, Adelaide, or elsewhere, at such times, not being less than once in every six weeks, as the Board shall from t,ime to time determine. 'l'he chairman, in case of emergency, may call a meeting of the Board, and a special meeting shall be held at any time on requisition in writing rsigned by not less than three
members of | the Board delivered to the secretary. |
(2) Three
8" EDWARDI VII, No.957.
The Metropo&tan Abattoirs Ad.-1908.
(2) Three days' notice of any ordinary meeting and previous notice |
of any special or emergency meeting, signed by the secretary, shall | |
be sent to each member of the Board before the time appointed for | |
such meeting; and such notice shall in all cases of spe&. l or emer- gency meetings state the time, place, and business of such meeting. |
committees of its members, and may delegate to any such committee such of its powers and duties under this Act as it shall think fit. |
illegal in consequence only of the number of the members of the |
Board not being complete at the time of such act or proceeding, and all acts or proceedings of the Board shall, notwithstanding the sub- sequent discovery of any defect in the appointment or election of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such person had bken duly appointed or elected and was qualified
to be and to act and vote as a member of the Board, and as if the Board had been fully constituted.
The Board shall receive and recover all fees, dues, and charges, prescribed or otherwise, payable under this Act or under any rego- lations made in pursuance of the powers herein contained, and the receipt of the secretary or other person duly authorised by the Board in this behalf shall be
A sufficient discharge for the same, and all penalties under thisAct and the regulations shall, when recovered, be paid over to the Board.
pne1tie8v
The Board may appoint such superintendents, inspectors, and other officers and servants (not being members of the Board) as they shall deem necessary for enabling the Board to carry into execution the various powers and duties vested in or imposed on it by virtue of this Act, and a11 persons appointed by the Board shall hold their offices only during the pleasure of thc Board.
the Board or of its officers and servants when engaged on the special business of the Board. |
The Board may remunerate any person giving information of the commission of any offence under this Act to the Board or any of its officers, and may agree with any informer to pay him not more than Twenty-five Pounds per centum of the fine recovered from any person convicted of an offence under this Act upon information given to the Board by such informer.
25. The
8" EDWARDI VII, No. | -- |
The Metropolitan Abattoirs Act.-1908.
abattoirs area, and may pay the costs and expenses incurred in so Bill. | . - - |
doing either out of its revenue or borrowed money or both, and out of such revenue or borrowed money or both may reimburse any con- stituent Corporation or Council all moneys expended by such Cor- poration or Council incidental to the passing of such Bill and this Act and preliminary thereto.
of
ings of each meeting and the business performed thereat shall be entered, and the minutes of each meeting shall be signed by the chairman of that meeting, and be confirmed at the next subsequent meeting of the Board.
whatsoever belonging to the Board shall be in the secretary, who shall not permit any such books, journals, records, or documents to be removed from his office at the Town Hall, Adelaide, or other the office for the time being of the Board, without the express leave or order of the Board or of the chairman.
29, There shall be two auditors of the Board, to be from time toAppointment of
time appointed by the Board. | Members of the Board and members |
of the Council of any Municipality or District within or partly within the Metropolitan Abattoirs Area shall not be eligible for appointment as auditors. Subject to section 21, an auditor shall hold ofice for one year, and may be reappointed, but shall not hold office for more than two consecutive years. The auditors shall be paid such re-
muneration as the Board may think fit. |
30. The secretary and treasurer shall cause to be kept properProper books of
books of account for the purpose of entering all sums of money re- | |
ceived and paid on behalf of the Board, which books shall at all tirr~es be open to the inspection of the chairman, any member of the Board, or the auditors, and in case of default being made as is mentioned in section |
drawn up in such form as to distinguish capital from income, with a statement of profit and loss for the year ending the thirtieth day of November in each sear. and shall, within thirty days next after that day, be prepared
examination. | 32. The |
B-967 8" EDWARDI VII, No.
957.
The Metropolitan Abattoirs Act.-1908.
balance-sheet with the books, papers, and vouchers of the Board, and shall cause the same to be cohxted or altered whenever found necessary; aud, for the purpose of completing such audit, their duties. shall continue until such accounts have been duly examined and audited by them, notwit,hstanding that their successors may have been appointed. | |
hid | 33, An account of all moneys received and expended by virtue |
of and for the purposes of this Act, signed by the chairman and | |
secretary and certified by the auditors, specifying the total sum received from each source of income, and the total annual revenue and the total amounts disbursed ul;der each head of expenditure, and the total annual outlay, made up to the thirtieth day of November in each year, shall, on or before the first day of March next ensuing, be laid before Parliament, if then in Session; otherwise, as soon thereafter as Parliament may be sitting. Such annual accouiit shall, on or before the first day of March, also be printed and published for distribution, or advertised for public information, as the Board may direct. |
PART 111.
BORROWING POWERS.
Power to borrow
$100,000. | ||
1887," and in any other Act referring to the borrowing powers of | ||
Municipal Corporations and District Councils, in addition to and without limiting the powers hereby conferred, it shall be lawful for the Board to borrow, f ~ o m time to time, and to take up at interest, upon the credit of the constituent Corporations and | ||
| ||
abattoirs and markets for stock, and all other works which the Board may c~nsider necessary or advisable in connection therewith, in- cluding cool chambers and machinery and the construction of rail- way sidings. |
35. All moneys so borrowed shall be raised by the sale of deben- |
tures, which shall be in the form or to the effect contained in the Third Schedule hereto. Every such debenture shall be for such period and amount, and issued at such time or times, and on such terms and conditions, and at such rate of interest, as the Board may from time to time determine; and coupons in the form in the said Third Schedule may be annexed to such debentures. The title to every such debenture and every such coupon (whether separated or not from the debenture to which it belongs) shall pass by delivery only without any assignment or indorsement.
36, A
8" EDWARDI VII, No. 957.
The Metropolitan Abattoirs Act.--1908.
-
36. A certificate under the hands of the chairman, one other
member of the Board, and the secretary of the Board, indorsed on | any debenture issued under the authority of this Act, and stating | |
that the pritlcipal sum thereby secured is part of the amount which the Board, at the date of such certificate, may legally borrow, shall be conclusive evidence of the authority of the Board to borrow the money secured by and to issue such dibbenture. | ||
| ||
| ||
Corporations and Councils declared, or to be hereafter declared, under the authority of The Municipal Corporations Act, 1890," and "The District Councils Act, 1887," and on 911 or any other revenues received or to be received by such Corporations and Councils (other than revenues derived from special and separate rates), and on all the real and personal property of the Board. Each of the constituent Corporations and Councils, as well as the Board, shall be jointlv and severally liable for the amount named in such debenture, a i d the interest payable therron; and every debenture shall bind the constituent Corporations and Councils, and be as valid and effectual for all purposes as if the same had been executed by the respective constituent Corporations and Councils under the powers contained in '' The M.unicipa1 Cor- porations Act, 1890," and " The District Councils Act, 1887." |
38. If default be made by the Board in the payment of any deben-Default.
ture or coupon, the holder of such debenture or coupon shall have all | 1890. | |
the rights of a creditor of the constituent Corporations and Councils and the Board jointly and separately in respect of the money due upon such debenture or coupon, and may apply to the Supremo Court or a Judge thereof for the appointment of a receiver, who, when appointed, shall have the like power of collecting and obtain- ing payment of the respective general rates, and of all or any other revenues recoverable by such Corporations and Councils (except as | is excepted in section | of such corporate bodies as shall be specified in the order appointing |
such receiver) as such corporate bodies respectively would have if such receiver had not been appointed. |
39, If any of the constituent Corporations or Councils at any
Payment of
time pay or satisfy by any means any debenture or coupon, each debentures.
of the other constituent Corporations and Councils shall forthwith
on demand contribute their proper proportion of the amount so paid
or satisfied ant1 of all costs, charges, and expenses incurred by
or occasioned to the Corporation or Council so paying or satisfying
such debenture or coupon (the amount of such proportion to be
determined in the same manner as any contribution towards de-
ficiency is ascertained under section
necessary). I n default of immediate payment on demand of such
proportion as aforesaid, the same may be recovered by the Corpora-
tion or Council so paying or satisfying such debenture or coupon
from
12 8" EDWARIII VII, No.'957.
The Metropolitan Abattoirs Act.-1908.
-- | - |
---- | ----- |
from the other constituent Corporations or Councils in default by action in any Court of competent jurisdiction. | |
The constituent Corporation or Council so paying or satisfying such debenture or coupon, and each of the constituent Corporations and Councils who shall have paid or satisfied its proportion of such debenture or coupon and costs as aforesaid, hall thereupon im- mediately become a creditor of the Board for the amount so paid or satisfied, and may recover such amount from the Board by action as aforesaid. |
(1) Al l revenue derived by the Board from the abattoirs and markets for stock, and from other sources, shall, so far as practicable, be expended and disposed of by the Board yearly in each financial year as follows :-
applied.
actual expenses: |
,b) Secondly, in payment of interest on borrowed moneys:
( c ) Thirdly, in payment of any amounts the Board may considernecessary for upkeep, maintenance, and repairs of the abattoirs, markets, and other works under the control of the Board:
(d ) Fourthly, in establishing a sinking fund which shall be suffi- cient t'o repay all monej S expended in plant and machinery witl~in a peliod of not more than fifteen yea,rs, calculated from the last day of the respective financial years in which the respective expenditures take place, and to repay the whole of the borrowed moneys within a period of not more than thirty yeitrs of the respective dates of the respective borrowings:
the constituent Corporations and Councils in manner men- | t,ioned in sections 41 and 42: Provided that the Board | |
mav in any year cairy one-third of such profits to a reserve funh. Divided profits " shall be treated as mentioned hereafter. |
(2) The Board may expend the reserve fund, or any part thereof,ill
any manner it may deem advisable, and may divide the same, asprofits, as aforesaid.
actual expenses," '' upkeep," '' maintenance," " repairs," |
profits," | plant," a id machinery," and its determinatio~l shall |
be final and conclusive for all purposes.
(4) The Hoard may pay out of borrowed moneys the interest accruing thereon during all or any part of the period of three years from the passing of this Act: Provided that so inuch of such
borrowed moneysas shall be so paid for interest or reimbursed toany
8" EDWARDI VII, No. 957.
- | ---- | --- |
-- | - |
The Metropolitan Abattoirs Act.-1908.
any constituent Corporation or Council under section 26 shall be restored out of revenue before any division is made pursuant to
subsection |
41. (1) From the passing of this Act, and for six years thereafter,How liabilities
each constituent; Corporation and Council, in proportion to the total | the liabilities of the Bvard stlall be debited in the Board's books to | |||
| ||||
Corporation and Council at the time of the passing of this Act, and the liability of each constituent Corporation and Council shall be clearly shown in the Board's annual balance-sheets. All divided profits " shall be treated on a similar basis, and shall be' paid over to each constituent Corporation and Council at periods to be deter- mined by the Board, such periods to be riot less than once in every three years. | ||||
42. At the expiry of the said six years, and at the end of every
HOW liabilitieaand third year thereafter, the liabilities of the Board shall be debited as
$:E:ip$a2h aforesaid, in proportion to the total amount of the annual assess-
ment of each constituent Corporation and Coulicil a t such respective periods, and the liability of each constituent Corporation and Council shall be shown as aforesaid. All divided profits " shall be treated on a similar basis: and shall be paid over to each constituent Cor- poration and Council at periods to be detelrnined by the Board, such periods to be not less than once in every three years. The annual assessment and liability of every Municipal Corporation and District Council becoming a constituent Corporation or Council after the passing of this Act shall be ascertained as of the date such Municipal Corporation or District Council became a constituent Corporation or Council, and such assessment and liability shall con- | tinue in the case of' a Municipal Corporation or District Council | becoming a constituent Corporation or Council during the said |
period of six years until the expiry of that period, and in the case of a ~ o r ~ o r a t i b n or Council becoming a constituent Corporation or Council after the expiry of that period until the next succeeding triennial period. |
43. (1) Where the revenue of the Boa.rd in any one financial yearLiability of con-
i~ | insufficient to meet the outgoii~gs | for that year, the constituent |
C!orporations and Councils shall contribute the deficiency in pro-
fordeficiencgof portion to the total amount of their annual assessment for the time
being as appearing in the books of the Board, and a certificate
under the hand of one of the auditors, setting forth the contribntion
of each constituent Corporation or Council, shall be final and con-
clusive for all purposes. A copy of such certificate. certified under
the hand of the secretary of the Board to be a true copy, shall be
posted
14 8" EDWARDI VII, No. 957.
The Metropolitan, Abattoirs Act.-1908.
posted in a prepaid envelope addressed to each constituent Corpora- tion and Council. The Board shall, for the purposes of this section, determine the amount of | |
The Board may appoint agents to negotiate or contract for the sale of any debentures authorised by this Act, and may directly, or through such agents, sell or negoti'ate for the sale of any such debentures, and may allow such agents such comniission as the Board thinks reasonable.
Redemption of
tained in any debenture, any debentures may be redeemed by the Board at their face value (or less), with any unpaid interest added, at the expiration of not less than five years from the date of the issue thereof, or at recurring periods of five years thereafter.
to be made in such manner as the Board shall determine, and public notice of their numbers and values and the place appointed for the payment thereof shall be forthwith given by the Board.
Debentures drawn
47, The debentures mentioned in such notice shall be redeemed on presentation at tht: Town Clerk's office, Town Hall, Adelaide, or such other place in Adelaide as the Board may appoiut, and from the | |
- | - - |
day fixed by the notice, not being earlier than six months after the date of the giving of the said notice, the debentures therein men- tioned shall cease to bear interest.
The Board shall invest the sinking fund and the reserve fund, and any other moneys in its hands which the Board may deem it advisable or expedient to invest, in any Government securities of all or any one or more of the States of the Commonwealth, in the purchase of any debentures issued under the provisions of this Act, and upon fixed deposits i n any incorporated bank in the State of South Aus- t r a l i a, ~ ~ in or upon any one or more of such investments. The interest arising from such investments shall respectively be credited to and form part of the respective funds so invested as aforesaid: Provided, however, that any debentures purchased by the Board shall be forth- with cancelled, and shall not be sold or re-issued.
without
8" EDWARDI VII, No.
957.
The Metropolitan Abattoirs Ad.-1908.
111. |
without security, or by pledge of its property, or on other security; but the total amount of such overdrafts shall not a t any one time
exceed Five 'l'housand Pounds. | No funds shall be withdrawn from |
any bank except by cheque, signed by the chairman and one other
member of the Board, and countersigned by the secretary.
PART m.
-- |
ABATTOIRS.
51. (1) The Board is hereby authorised to erect and establish
Erection of abattoirs. abattoirs on land to be acquired, and in connection therewith make, establish, and erect all such railway sidings, buildings, works, cool storage, plant and machinery, and all other erections, fixtures, fittings, and other works as the Board shall, for the time being, consider necessary, and from time to time alter, remove, and extend the same; and the Board may, if it think fit, purchase and remove the existing sla~lghterhouse and buildings connected therewith erected on the park lands within the City of Adelaide.
(2) The Board may let, upon lease or otherwise, any ~ort ion | of its Board |
lands or buildings other than the abattoirs and the markets taken | |
on lease, established, ur erected by the Board under Part V. of this | |
Act for a hide and skin market, at such rent, for such term, and | |
upon such conditions as i t shall think fit. |
52. The Board shall not accept or purchase any land for the pur-site t obe selected by
pose of | erecting abattoirs | thereon until a site has been agreed upon | ~ | O | p | r | ' | ~ | ~ | ~ | ~ | ~ | $ | ~ | ~ |
by a majority of votes of representatives of the constituent Cor-
councils. porations and Councils present at a meeting called for that purpose
by the Boar&
No site shall be agreed upon which is less than three miles from the nearest boundary of the City of Adelaide.
Each constituent Corporation and Council shall be entitled to appoint one representative to attend such meeting (the members | of the Hoard may act as representatives of their respective | Councils, if so appointed, but not otherwise), and every conqt't .. |
Corporation and Council having an annual assessment of over Fifty Thousand Pounds shall be entitled to appoint one additional repre- sentative for each One Hundred Thousand Pounds or portion thereof over the first Fifty Thousand Pounds of its annual assessment. The chairman of such meeting shall be elected by the representatives pre- sent thereat, and he' shall have a deliberative as well ss a casting vote, but each other representative present shall have one vote oiily. The Board shall give fourteen days' public notice of the time and place of such meeting. |
53. Forthwith after the erection and completion of the abattoirs
Nolice that abattoirs the Board shall give not less than thirty days' public notice that
such abattoirs will be available for the slaughtering of stock on | |
and after a date to be specified in such notice, and it shall be the | |
duty of the Board to have such abattoirs then and thereafter available accordingly. |
8" EDWARDI VII, No.
957.
The Metropolitaa Abattoirs Act.-1908.
abattoirs are available for slaughtering stock- | |
(1) No person shall, within the metropolitan abattoirs area, |
(a) slaughter or allow or cause to be slaughtered any stock | |
for sale for human consumption, or dress or allow or cause |
to be dressed any carcass for sale, or sell or attempt to sell | |
or expose for sale, or allow or cause to be sold or exposed | |
for sale, any carcass or meat not slaughtered at such abattoirs, | |
or, if slaughtered without the metropolitan abattoirs area, | |
the carcass of which, together with the pleura and the peritoneum, lungs, heart, kidneys, tongue, and such other | |
organs as are prescribed, attached i n natural connection, |
88.
I d, 30.
and, in the case of | cows, the udder also so attached, has not |
Unless carcasses
been first brought to the abattoirs or to some other premises | |
established by the Board for that purpose within Hind- | |
marsh, Gawler, Grey, or Young ward of the City of Adelaide, and inspected and branded by an inspector, as provided in section 70, or |
Penalty-First | offence, Ten Pounds; second offence, 'l'wenty- |
five Pounds; and for each succeeding offence Fifty Pounds.
Ma'superuisionAct-
(2) No person shall sell or attempt to sell, or expose for sale, or allow or cause to be sold or exposed for sale the flesh of | |
any calf, less than twenty-oneLdays old or of less weight | |
than forty pounds; and in any prosecution under this sub- | |
section the onus of proving age shall be on the defendant: |
Penalty-First | offence, Tcn Pounds; second offence, 'l'wtlnty- | |
five Pounds; and each succeeding offence, Fifty Pounds.
W here, in contravention of the provisions of subsection (2) of this section, any person sells or attempts to sell, or exposes for | sale, or allows or causes to be sold or exposed for sale the | |
whole or any part of the carcass of any-calf, such carcass or part shall be deemed to be a carcass or meat which is subject to the provisions of section 6 1 of this Act, and may he seized and dealt with, as provided in such section: |
(4) No person shall be liable to any punishment for any offence against this section in respect of any meat or carcass, or part of a carcass, which he proves to the satisfaction of the Court was not sold or intended to be used for human con- sumption:
(5) Nothing .in this Act shall protect any person who sells or attempts to sell or t?xposes for sale, or allows or causes to be sold or exposed for sale, for human consumption, any carcass or meat which has become unwholesome after the same has been branded, or any imported meat that is un- wholesome: (6) For
__C_ | 8" EDWARDI VII, No. |
(6) For the purposes of this section such abattoirs shall be deemed to be available for slaughtering stock at
all times except during such times as the Board shall by public notice declare such abattoirs to be closed to the slaughter- ing of stock:
(7) I t shall not be an offence under this Act to slaughter poultryNooffencetoalaughhler
elsewhere than at the abattoirs, or to sell or expose or offer | |
for sale within t.he metropolitan abattoirs area, any poultry ao slaughtered. |
section 53 hereof, all private abattoirs or slaughter-houses within the metropolitan abattoirs area shall be closed by the owner, occupier, or person having the control or management thereof, not- withstanding the fact that licences in respxt thereof have been issued by any of the constituent Corporations or Councils or by any Board of Health. And after such dily sp~c i f i~d as aforesaid no constituent Corporation or Council shall, nor shall any Hoard of Health, save as is in this section provided, issue any licence or licences for the slaughtering of stock: Provided that this section shall not apply to any slaughter-house or abattoir used or intended to be used only for the purpose of slaughtering stock for export, or for meat to be tinned or canned for export, or for curing bacon and hams.
abattoirs and slanghterhouses closed by the operation of | the next |
preceding section, and which were in use as abattoirs or slaughter- houses at the time of the passing of this | the buildings and equipment thereof for any other purpose, and | that nothing shall he allowed for goodwill or loss of business: And |
provided further that the aggregate of the amounts to be paid by way of compensation shall not exceed the sum of Seven Thousand Pounds. | ||
(3) No daim for compensation h 1 1 be considered, nor shall anyClaims for compensn-
amount be paid in respect thereof, unless within twenty-one days | |
after the publication in the Government | |
of the Board a notice in writing, stating the amount and particulars | |
of his claim and the premises in respect of which such daim is made. |
(4) The |
8" EDWARDI VII, No.957.
The Metropolitan Abatl&~s Act.-1908.
(4) The Governor shall, as soon as practicable after the ynbli- |
accordance with this section. The fees and expenses of such
valuer shall be fixed by the Governor and paid by the B~artl.
(5) The valuer ahall consider and inquire into all claims made as aforesaid, and shall as to each claim determine, by writing under his hand delivered to the Commissioner of Cron n Lands, whether any and (if any) what amount is payable under subsection |
(6) If any abattoir or ~laughterhouse | in respect of which the |
~ a l u e r detcrmincs that compensation is to be paid is let at the time of the determination, the valuer shall also determine, by writing under his hand delivered to the said Con~missioner, ~ v l ~ a t reduction ought to be made in the rent; and the rent accrued or to accrue for any period after the closing of the abattoir or slaughterhouse shall be reduced accordingly: Pro~ided that if any reduction is made under this subsection m the rent of any premise<, the lessee or his succesfior in title shall have the option of continuing the lease at the reduced rent or of cancelling the lease. |
('7) Any determination by the valuer under subsection (5) or |
subsection (6) of this section shall be absolutely final and not subject to any appeal or to | ||
| ||
the Board may employ slaughtermen, attendants, and assistants at the abattoirs without licensing them. Penalty, Ten Pounds. | ||
be cancelled by the Board if the licensee ehall omit forthwith to report to Sn inspector any case of disease which manifests itself' in any stock slaughtered by such licensee, or for incapacity, misconduct, insobriety, or dirty habits.
(2) The secretarv of the Board may at any time suspend the operation of the licence of any licensee alleged to be incapable, or guilty of misconduct, insobriety, or dirty habits, until the next meeting of the Hoard.
any stock slaughtered by him and shall fail forthwith to report the same |
19
__--- | 8" EDWARDI VII, No. 957. |
same to an inspector, he may be instantly dismissed by the secre- | |
tary, and shall, in addition thereto, be liable to a penalty of Ten Pounds. |
For the purpose of preventing the consumption of meat that |
1s diseased- |
(1) I t shall not b- lawful for any person to slaughter any stock
presence of an inspector: the carcass of any stock slaughtered a t the abattoirs is, after thereof in writing shall be given to the owner, his servant, or agent, as soon as practicable; and i f such owner, ser- vant, or agent shall, within four hours from the receipt of such notice by writing under his hand given to the Chief | at the abattoirs without the consent and except in the fact that such carcass is diseased the Chief Inspector or Superintendent shall forthwith appoint an independent veterinary surgeon to inspect such carcass, whose decision, certified in writing, shall be final. If the decision of the veterinary surgeon is that the carcass is diseased, th:: fee payable to him for inspection shall be paid by such owner upon demand, and if not so paid shall be recoverable from him in any Court of competent jurisdiction; but if other- wise, then such fee shall be paid by the I3oard. Should no dispute arise within such four hours the carcass shall be disposed of pursuant to section 6 l. The provisions of this subsection shall apply to great cattle only: |
up011 the slaughter of any stock at the abattoirs, the carcass shall be inspected by an inspector, and no meat shall be moved th~refrom unlcss and until hc declares i t to be free from disease, or unless as hereinafter provided. |
Penalty, Fifty Pounds for each offence. |
such stock is diseased, it shall be the duty of an inspector, subject
81aughter. to subsection
(2) of the next preceding section hereof, to forthwithcause the carcass, or such part thereof as such inspector may deem
,
advisable, to be burnt or so dealt with that the same cannot be used for consumption by human beings or by carnivorous or omnivorous animals; and the Board shall make such allowance to the owner of such stock as it considers just in all cases where such carcass is treated by the Boa.rd as a by-product.
(a) Keep or use any house or place, except as provided by
sh~htering~ section 55 hereof, for the purpose of slaughtering or killing any stock or for boiling down any part of the carcass of any stock for food for carnivorous or omnivorous animals; or
( b ) Feed
-- |
~'ABT I V.
(Q) Feed | any carnivorous or omnivorous animal with any part |
of the carcass of any stock which shall not have been
slaughtered at the abattoirs, whether the same shall have
been boiled down or not; or
(C) Sell or supply for food for carnivorous or omnivorous animals any part of the carcass of any stock not slaughtered at the abattoirs, whether boiled down or not:Provided that this section shall not apply to stock killed at the
Zoological Gardens for consumption by animals thereat.
Duty of owners, &c.
within the metropolitan abattoirs area, or be killed at any place within such area other than at the abattoirs, shall, witbin twenty- four hours from the death or killing of such stock-
(a) Apply to an inspector for leave to bury the carcass of such stock, and if leave be granted bury the same as directed by and under the supervision of an inspector; or
jb) Convey the carcass of such stock to the abattoirs to be
disposed of as an inspector shall direct:
Provided that this section shall not apply to poultry or to stock killed at the Zoological Gardens for consumption by animals thereat.
carcases e l w b k r e d
(except carcasses of diseased stock) slaughtered at the abattoirs, and the part of any carcass removed therefrom, or from the other premises mentioned in section 54, to be branded as may appear expedient.
Unbranded carcasces
(2) Any person who shall sell or expose for sale |
portion of a carcass which has not been branded as required by this Act, shall be liable to a peilalty of Fifty Pounds. |
account thereof, affixes or implants, or attempts to affix or implant, |
or causes or allows to be affixed or implanted any brand purporting to be a brand under this Act upon any carcass or meat, and any person who, without being able |
to in the metropolitan abattoirs area where any stock or caiScass may be, |
--
The Metropditan Abattoirs Ad.-1908.
be, or be supposed to be, and any such officer, inspector, member, or constable may, for the purposes of identification, make such mark as he deems fit on any carcass or meat in respect of which he is of opinion that any provision of this Act is not being fully com- plied with.
spector, member, or constablein the exercise of any power conferred
by ohis section, or who without the authority of an inspector removes
or defaces any such mark, shall, for each such offence, be liable to
a penalty of not more than Ten Pounds.
67. (1) Any officer of the Board, or any inspector, or memberPower to seize un-
of the police force, or any special or district constable may seize any
carcass that does not appear to him to have been branded, or any | |
meat that does not appear to him to be derived from a carcass that | |
has been branded, in case the carcass or the meat is either exposed for sale or in the possession of any person, apparently for the pur- pose of sale for human consumption, and such officer, inspector, memb~r, or constable, if he shall think it desirable so to do, may remove any carcass or meat so seized. |
within forty-eigh t hours after such seizure, complain thereof to any
(3) The onus of proof that any carcass or meat seized was notOnuaof proof.
intended for sale for human consumption, or that it had been branded or formed part of a carcass that had been branded in accordance with the provisions of this Act, shall be upon the complainant.
(4) In the event of no such complaint being made within forty-Where no complaint,
eight hours after such seizure, or of such seizure being confirmed, |
the czrcass or the meat as to the seizure of which no complaint has
been made, or the seizure of which has been confirmed, s6all there-
upon become the property of the Board: Provided that any carcass
or any meat condemned by any inspector shall be disposed of as pro-
vided in section | I |
direct. |
removing or taking away any carcass or meat so seized, such person, | |
in addition to any other punishment to which he may be liable, shall be deemed and taken to be guilty of an offence against this Act. |
(6) Any person who refuses to give information, or gives false |
information, in answer to any inquiry made in the course of his duty
by any inspector or officer of the Board, member of the police force,
or special or district constable shall be liable on conviction to a
penalty of Five Pounds.
22 8" EDWARDI W, No. 957.
The Metropolitan Abattoirs Act.-1908.
(7) I t shall be the duty of | every member of the police force and |
WCTY special constable and every district constable who finds any | |
person committing a breach of any |
(8) Any person who refuses to state his name and place of | abode |
or states a false name or. place of abode, shall be liable on coilviction to a penalty of Five Pounds. |
The Board may deliver or contract for the delivery of meat | ||
slaughtered at the abattoirs, f o ~ | such remuneration and upon such | |
terms as it shall think fit. |
~ l ~ o d, |
rendered merohant-
rendered merchantable by means of desiccators, digesters, or such other means as the Board sball think fit. |
Meat slaughtered 70, It shall be the duty of the Board t9 cause all carcasses slaugh-
tion, to be examined by an inspector, upon payment of such reasonable fees as shall be from time to time fixed by the Board. and if upon such examination such carcasses shall i e found to
be free from disease the inspector shall give a certificate in writing
to that effect, and brand the same, but if found to be diseased the same shall be retained and disposed of in manner mentioned in section 61: Provided that no such examination shall be made, or certificate given, or brand implanted in respect of any such carcass unless there is attached thereto in natural connection when brought for examination the pleura and the peritoneum, lungs, heart, kidnejs, tongue, and such other organs as are l~rescribed, and, in the case of cows, the udder also: Provided also that the carcasses of stock
(with the exception of calves) may be cut in halves. |
MARKETS FOR STOCK.
e
the erection of new markets for the sale of stock, the Board shall give |
8" EDWARDI VII, No.957.
give public notice that such markets respectively will be available | |
for the sale of stock on and after a day to be specified in such notice; and it shall be the duty of the Board to have such markets then and thereafter available accordingly, but the leased markets shall only remain markets for the sale of stock until such new markets are erected. |
73, After the date specified in any notice given under the nextprecediiig section, the control of the markets for stock by the Car- poration of the City of Adelaide shall cease, and all Proclamations
in the Government
Gazette respecting the same shall be of nofurther force or virtue and the m3rket.s established, erected, or leased by the Board in pursuance of this Act shall be public markets for the sale of stock, mrd shall be under the control of the Board, and no other markets for the sale of stock slrall be established, erected, or proclaimecl within the metropolitan abal toirs area, any provision io the contrary in any Act of Parliament notwitlrstanding.
and thi? markets for stock, hitherto controlled bv the Corporation of in
force until new
the City of | Adelaide, nild which are in force'at the t h e of the | ~ | "g1""- | ~ | ~ | ~ | : | ~ | ~ | d |
passing of' this Act, shall have f u l l force and effect as regards such slaughter-house and markets, as well as the abattoirs ancl markets to be est,zblishecl by the Board under this Act, until by-laws and regulations are made unclcr or in pursuance of this Act.
PART |
POM7ER TO TAKELAND, ETC.
to take land
75. For the purposes of this -Act the Board may compulsorily take land within the metropolitan abattoirs area (except park lands or public reserves and lan& subject to the p,ublic r&hi of way), |
and, with the consent of the Governor, land in any part in the State | of South Australia. |
76. Part XII. of '-The Municipal Corporations Act, 1890," shall, part XII.of Act
for works and undertakings as if the same were set out in this Act. |
77. The Lands Clauses Cunsolidatio~l Acts, except sections 110,
~ ~ ~ ~ t ~ ~ ~ ~ ~ s c o n -
the Ordinance No. |
incorporated with this Act, and shall take effect with regard to all
.
works and undertakings which the Board is by any part of this Act authorised to construct, and the Boald taking lands for such pup poses shall be regarded as the promoters of an undertaking and this Act as thc spec~al Act wit!li~~ the meaning of such incorporated
Acts: | Provided that for the purposes of section |
of 1881 there shall be deemed to be no such special Act.
8" EDWARDI VII, No. 957.
The Metropolitan Abattoirs Act.-1 908. PART, VII.
EXTENSIOPU' OF THE METROPOLITAN ABATTOIRS
AREA.
Other
euburban
contained in section | |
79. Such Proclamation shall define the Municipality or District or portion of the Municipality or. District within which the provi- sions of this Act are | |
|
to any Municipality or District or portion of any Municipality or District, all private abattoirs or slaughter-houses within the Munici- | |
pality or District or portion of the Municipality or District defined | |
in such Proclamation shall be closed by the owner, occupier, or per- son having the control or management thereof. And after such time as aforesaid no such Municipal Corporation or District Council shall, save as in this section proGded, issue any licence or licences for the slaughtering of stock within such Municipality or District, or such portion thereof to which this Act shall be proclaimed to apply: Provided that this section shall not apply to any slaughter-house or abattoirs established, or to be established within the limits of its Municipality or District or such portion thereof as aforesaid, if such slaughter-house or abattoirs is or are used or intended to be used only for slaughtering stock for export, or for meat to be tinned or canned for export, or for curing bacon and hams. |
PART
8" EDWARDI VII, No. |
--
-- |
PART VIII.
REGU1,ATIONS.
81, The Board may from time to time make regulations for the Regulation*.
purpose of carrying into effect all or any of the objects or purpose9 Vi&&ni\ct, | |
expressed or implied i n this Act, or incidental thereto, or anywise in connection therewith; and without limitation of or derogation from the foregoing general pomer, the Board may also make regulations |
for all or any of | the following purposes :- |
(l) Prescribing the conditions on which stock
may be received into or supplied or removed from the abattoirs:
inspectors, superintendents, clerks, |
mechanics, slaughtermen, and other officers and servants of the Board, and for regulating and enforcing the due performance of such duties:
in tending and |
slaughtering stock, and indressing carcasses at the abattoirs:
(4) Prescribing the time for slaughtering stock, for the feeding,
watering, and tending, and the preventing of cruelty to
and overcrowding of stock at the abattoirs, and for the
milking of milch stock at the abattoirs:
( 5 ) o r examining stock and carcasses by inspectors andveterinary surgeons, and prescribing the mode of dealing with stock a t the abattoirs when suspected of being affected with disease, and of dealing with carcasses and meat found to be so affected:
(6) Prescribing the modc of slaughtering animals and of flaying and dressing carcasses:
(7) For examining by inspectors the different parts of a carcass after slaughter at the abattoirs, and for preventing the
(8) For examining by inspectors of carcasses slaughtered without the metropolitan abattoirs area, and for prescribing what organs must be attached to such carcasses of various animals, and how attached, and as regards the examining of carcasses elsewhere than at the abattoirs, prescribing the place at which and the days and times when such carcasses will be received for that purpose; | parts of one carcass being mixed with those of another prior to examination: |
(9) For the branding or marking of carcasses and of any partthereof:
(10) Fixing the rates of slaughtering fees or of dues payable for
the use of the abattoirs and of the markets, under Part V.
of this Act, and of sustenance fees for stock:
(11) Fixing the fees for examining stock, for examining and branding of carcasses, and for giving certificates as to any
examination |
8" EDWARDI VII, No.957.
The Metropolitan Abattoirs Act.-1 908.
examination of stock or any carcass or meat made by or under the direction of an inspector: |
removing condemned cc | dicasses or |
meat, and of rendering the same unusable for human con- sumption, or for consumption by carnivorous or omnivorous animals, and of disposing of or destroying the same, and the fees payable in respect thereof:
(13) Prescribing the made of removing, dealing with, and dis- posing of blood, offal, garbage, refuse matters, and manure from the abattoirs, and the disposal of hides, skins, hair, hoofs, and horns of stock slaughtered thereat:
(14) For securing the cleanliness and wholeson~eness | of carcasses |
or meat from the time of slaughtering the stock unt,il the
delivery of the same to the retail buyer:
(15) For securing the cleanliness and wholesomeness of casings used in the making up of small goods, and for preventing the admixture in small goods of substances deleterious to health:
(16) For lnaintaining the cleanliness of the abattoirs and of appliances used thereat: and the cleanliness of the clothing of persons engaged tllerein or slaughtering or dressing carcasses therein:
(1 7) For preventing persons affected wit,h communicable disease being employed in the handling of carcasses or meat:
(18) For stopping temporarily the manufacture of and the sale of small goods in circumstances in which danger to the con- sumer is apprehended owing to uncleanliness, or to the presence of infection on, about, or near the premises where such manufacturing or sale is carried on:
stalls, butchers' shops, small goods manufacturing houses, | |
or places used for selling, preserving, freezing, chilling, or storing meat, and premises appurtenant to any of such markets, stalls, shops, houses, places, and premises, and of appliances used thereat, and for the removing of blood, offal, garbage, refuse matters, and manure there- from, and for maintaining the cleanliness of vehicles and receptacles used for conveyance of carcasses or meat: |
(20) For prohibiting the carriage or delivery of meat in open
vehicles:
(21) For regulating or prohibiting the hawking of meat in the metropolitan abattoirs area, or in any part thereof:
(22) For prohibiting the carriage of meat with other goods:
(23) For providing for the keepiug of books recording the num- ber of each kind of stock daily slaughtered and the brandsand other particulars the Board may consider necessary:
(24) For
- |
-
l |
.. - - - | - | -- -- | - - - | -- - -. | - - ---- |
- - M - -
(24) For the general regulation and management of the abattoirs and markets for stock, for the cleansing, occupying, and using the same, or any parts thereof, for ordering and governing the persons appointed at such abnttoirs and markets, and all other persons, cornin8 and resorting thereto, the tolls, dues, and fees to be recelved thereat, the maintenance of good order therein, and all matters which concern or relate to such abattoirs and markets: | |
ceedings at the meetings of the Board and its committees. |
82, Any regulation may impose any penalty not exceeding Limitof pnaltiea. Twenty Pounds for the breach or non-observance of the same or of any regulation, or in the case of a continuing breach, not exceeding Two Pounds for each day that the breach is continued.
83. All regulations made under this Act shall be subject to theKegulaliona to be
approval of the Central Board of Health and the confirmation of the |
Governor, and when confirmed by the Governor shall be published in the
Gouernment Gazette, and shall thenceforth have the force and effect of law.
shall be conclusive evidence of the due making thereof. | sec. 154. |
85. (1) A person desiring to dispute the validity ofa regulationRegulations ~ ~ ~ h. 1 -
may apply to the Supreme Court, upon afidavit, for a rule calling |
upon the Mayor to show cause why such regulation should not be |
quashed, either wholly or in part, for the illegality thereof. | |
(3) All regulations, unless and until so quashed, shall have the
manner. | -- |
PART | IX. | PART |
MISCELLANEOUS. | , |
88, Xvery person commits an offence against this Act whoDefinition OF
direct,ly or indirectly, by himself, his servant, or agent--- | " |
(1) Does anything declared by this Act to be unlawful:
(2) Fails to faithfully perform or observe any duty or obligationimposed by this Act:
(3) Prerents, obstructs, or hinders any employ&, inspector, or other officer of the Board, or any member of the police force, or m y special or district constable in the exeriise of any power or function conferred by this Act.
h | ~ " D W A R ~ I 1 | , | No. |
--
YAET I r.
- -p- |
Penalties.
(1) The minimum penalty for any offence against this Act shall be one-tenth of the maximum penalty for such offence, and in no case shall section23 or32 of "The Justices Yrocedure Amend- mentAct, 1883-4," apply or be brought into operation i n any way in any proceedings under this Act or any regulation hereunder.
offence against this Act kilowledge on the part of [he defendant mast | |
be shown, such knowledge shall be presumed until the contrary is proved. |
fees, dues, tolls, or charges, the Hoard, or any person authoris~d by | |
the Board, or the secretary, or any inspector in his own name, may, at any time after such default, recover the same by action in any Court of competent jurisdiction or by complaint before any Court of summary jrrrisdiction, or by distress upon ally property at the abattoirs or the markets for stock respectively belonging to the defaulter i11 like manner as in the case of rent in arrear. | |
visions of | " The Health Act, 1898." |
Health A C ~.
mined in a summary way before a Special Magistrate or any two or more Justices, allcl all penalties when recovered shall be paid over |
S.A. |
to the Bead | |
preferred, prosecuted, or defended in the name of the Board, or of the secretary, or of any inspector ernployed by the Boarcl. |
Boarct or the secretary. Every such authority may be either general or particular, and may be proved by the production of any writing purporting to be under the hand of the secretary. |
the existence or constitution of the Board or the appointment of the secretary, or of any inspector or officer of the Board, or any mem- ber of the police force, or any special or district constable, and a certificate under the halid of the secretary or the oath of any in- |
spec tor
8" EDWARbI VIT, No.957.
The Metropolitan Abatloirs Ad.-1908.
qxxtor or officer shall be sufficient evidence of the boundaries of the metropolitan abattoirs area until the contrary be proved, and any Proclamation or notice thereof in the
Goaernment Gazette shall,
unless shown to have been repealed, be concli~sive | evidence. |
95, (:oyies of or extracts from any book sealed with the seal of
contents OF books the Board and certified by the secretary to be true copies of or
extracts from such book, shall be received as sufficient evidence in | |
all Cou1.t~ and before all Justices and tribunals of the contents of 8.101. such book, or of so much thereof as such extracts contain. |
civil or criminal, may be served upon the Board, or upon any of the |
constituent Corporations and Councils, by leaving the same a t the
Ibid, 6. 111- principal office of the Board, Corporation, or Council with some
ofher or servant of the Board, Corporation, or Council.
97, (1) Every notice by this Act required to be given by or toservice of notice@,
the Board shall be in writing, and signed by some duly authorised | |
person; and such notice shall be deemed to have been duly given if left at the office or principal office of the Board, authority, or person to whom tlle same is intended to be given, or the last known place of abode in South Australia of such person, or if posted in a prepaid registered letter, addressed to the Board, authority, or person, a t its or his office or principal office, or at the last known place of abode in South Australia of such person. |
such notice is so posted, it shall be deemed to have been |
(riven a t the last moment of | the day on which the same ought to be |
delivered at such office, or principal ofice, or such place of | abode, in |
tlle ordinary course of post. |
98, Whenever it is necessary, on tlle hearing of any informa-l'roof of service.
tion for any offence against the provisions of this Act, or against | 113. |
any regulation hereunder, to prove service of | any notice, an affidavit |
of the service of such notice, sworn before a Commissioner for taking |
affidavits in the Supreme Court, or a declaration of such service made before a Justice of the Peace shall be sufficient proof of such service.
98, Every order, sun~mons, notice, or other such documentAuthentication of requiring to be authenticated by the Hoard, or by any of the con-
ce*"n d0cYment8. '
stituent Corporations and Councils, may, except when otherwise | |
provided, be sufficiently authenticated without the common seal of the Hoard, Corporation, or Council if signed by a member of the Board in the one case, or by two Councillors or the Town Clerk or Ilistrict Clerk in the other. |
any Special |
Nagistratc or Justices to the Local Court of Adelaide of Full
Ibid, 162. Jurudiction.
8" EDWAKDl VII, No.957.
p | -- | -- | - -- -- - | - |
101. Such appeal shall be regulated by Ordinance No. 6 of 1850,
The Justices Frocedure Amendment Act, 1883-4, ' or any other |
Acts consolidating or amending the same. | |
think fit. |
the Suprenw Court. |
ing to the practice of the Supreme Court on special cases, and may | |
make any order as to the costs of below. |
In the name and on behalf of His Majesty, I hereby assent to
this Rill.
GEORGX R. LE HUNTE, Governor.
8" EDWARDI VII, No.957.
SCHEDULES. THE FlHST SCHEDULE.
'She whole of the area of jurisdiction of the District Council of Mitcham except the portiori thereof lying to the south of a line drawn due east and west at
THE SEIXIND SCHEDULIL
ACTS REPEALED.
Reference to Acte. | Extent of |
No. 5 of 1840. | An Act to regulate the Slaughtering and | Sections l, |
prevent the Stealing of Cattle | 7, 8, 15, and l 6 |
No. | An Ordinance to nuthorise the levying | %he whole |
of Fees on the Slaughtering of Cattle
in South Australia
The District Councils Act, 1887 | .. .. .. | Sections 258 and 259 |
'l'he Diqtrict Councils Amendment Act, | Sections 29 and 30 |
1904
Xo. 497 of 1890 | The Municipal Corporations Act, 1890. | Sections 183 and 183, section 184 as regards the word "slaughter- house" only, and sec- tion 314 as regards all the words from and including " For t h e regulation of slaughter-houses " to and including "there- |
ing cattle " for, or for slaughter- |
Xo. 833 of 1903 | The Municipal Corporations Amendment | Subdivision |
Act, 1903 | tion 14, and section 15 |
No. 71 1 of 1898 | The Health Act, 1898 | .. .. .. .. ., | .. | .. | Sections 95, 96, 97, 98, 99,100,101,102,and 103 |
T H E THIRD | SCHEDULE. |
Sea. 36. FORM O F DEBENTURE.
SOUTH | AUSTRALIA. |
" The Metropolitan Abattoirs Act, 1908."
The Metropolitan Abattoirs Board in consideration of the sum of
pounds paid to the Board hereby binds itself to pay to the bearer fnr the time being of this debenture the sum of pounds, and to the bearer or bearers for the time being of the coupons annexed hereto interest upon the said sum at the
rate of | per centum per annum, such interest to be payable on the |
day of | and the | day of | in every year, and the principal |
to be paid on the day of in the year or on such sooner day as shall be specified in notice given in pursuance of the above- mentioned
EDWAKDI VII, No.
The Metropolitan Abattoirs Act.-1908. The general rates of the constituent Corporations and Councils declared or here- after to be declared under the authority of " The Municipal Corporations Act,
1890," and " The District Councils Act, 1887," and any other revenues received or t o be received by such Corporations and Councils (except such as are exempted in clruse37 of The Metropolitan Abattoirs Act, 1908,") and all the real and personal property of the Board, shnll be a security to the bearer for the time being of this debenture until the said principal sum be satisfied. and to the bearer or bearers for the t ime being of the coupons annexed hereto until the interest upon the said principal as represented by such coupons by him or them held shall be satisfied.This debenture is issued subject to the provisions of the last-mentioned Act, and in particular to the sections contained in Part
111. of the Act.Given under the seal of the Metropolitan Abattoirs Board this
day of
The seal of the Metropolitan Abattoirs
Board was hereto fixed on the 1 | |
date hereof in the presence of |
Ch ' | a~rnlan. |
Countersigned
Secretary.
NOTE.-Interest | and principal payable a t the office of the Board in Adelaide, or |
at such bank or other place as may be appointed by notice to he given in
The
COUPON. The Metropolitan Abattoirs Board.
Coupon for | for half-year's interest due |
the | day of | on |
debenture No. | , payable to bearer a t |
(Seal.)
Chairman.
Countersigned
Secretary.
- | - |
-
-
Adelside: By | Government Printer, North Terrace. |
0
0
0