Water Supply Act 1855 (SA)

No. 28.

An Act ts, prouide for the Water Supply and Drainage of the Cri3

of Adelaide.

LAssented to, June 19, 1856.1

HEREAS it is cxpcdient that provision should be made for p,,~,

introducing a supply of pure water for the use of the inhabi- tants of the City of Adelaide, and for the drainage of the said City, and for the raising of the necessary funds for the said purposes, in maziner after mentioned: And whereas plans and sections, showing, as regards the water-works, the source of supply, and the reservoirs, and the works connected therewith, and the direction of the main and branch p i p, and the streets and grounds through which they are to be laid; and, as regards the sewers, the direction of the drains and the streets and grounds through which the same are to be carried, and the place of delivcry of the refuse matter carried away thereby; and also books of reference mntaining the names of the owners or occu- piers, or reputed owners or occupiers of any private lands through which the same works wil l pass, have been deposited in the office of the Surveyor-General: He it therefore Enacted,by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council thereof, as follows-

1. From and after the commencement hereof, the provisions R + q e a l d. e & n r ~ ~,

relating to the supply of the said City with water, contained in a ~ h ~ ~ ~ l; f ~ & 9.

certain Ordinance, No. 11 of 1849, " To constitute a Municipal

Corporation for the City of Adelaide," sections ninety-third, ninety

faurth, and ninety-fifth, shall be and are hereby repealed.

2. The expression the Undertaking" shall mean the water-works Interpretation CL-

B 3 and

and hainage-works, and the works connected therewith, hereby authorized to be constmeted; the expression " the Commissioners" shall mean such persons ws shall from time to time be appointed by the Governor, with the advice of the Executive Council, as herein authorized, until the powers and duties hereof shall be transferred to the Municipal Authorities, in manner after provided; and from and after such transfer the expression " Commissioners" shall mean the Municipal Authorities, for the time being, of the said City; and the expression Municipal Authorities" shall mean the Corporation, or .other Municipal Authorities, for the time being, empowered by any Act or Ordinance in force in that behalf, to have the control and management of the municipal affairs of the said City; the expression

" the water-works" shall mean the water-works and the works connected

'therewith, hereby authorized to be constructed; the expression " the sewers" shall mean the sewers, drains, and all other works connected with the drainage of the said City; the expression " the lands and streams" shall mean the lands and streams of water hereby authorized to be taken or used for the purposes hereof; the word " lands" shall

include messuages, lands, tenements, and hereditaments of any tenure;

'the word streams7' shall include springs, brooks, rivers, and other waters; the word " street" shall include any square, court, or alley, highway, land, road, thoroughfare, or public passage or place; the expression " water-rate" shall include any rcnt reserved, or payment to be made to the Commissioners for a supply of water,

Cornmiaioners. 3. I t shall be lawful fox the Governor, with the ad~ice of the

Commirisioners. Commissioner, and two other Commissioners, for the purposes of this Governor may appoint Executive Council, by warrant under hia hand, to appoint a Chief

Act, and from time to time, with the like advice, to remove any of such persons from such office of Commissioners, and appoint another person in his place, and such Conlmissioners not holding any other office

under the Crown; and shall be paidsuch salary, or other remuneration,

as may be reasonable in that behalf; and at all meetings of the said Commissioners, two, whereof one shall be the Chief Commissioner, shall form a quorum, and such Commissioners shall have f d l power

to construct and carry out the undertaking hereby authorized.

Commissionere ta

appoint offic m. 4. The Commissioners shall, from time to time, appoint and

employ such secretary, solicitor, engineers, clerks, messengers, and other officers, at such reasonable salary, pay, or reward, a s to such Commissioners may seem meet, sufiject to the approval of the Governor; and: shall duo, from time to time, at their discretion, dismiss and discharge such officers, or any of them, and appoint others in their place, subject to such approval as aforesaid.

ammiasione= to sue

md be sued in name	5. The Commissioners may sue and be sued in the name of their secretary for the time being, and no action or suit, to be brought or commenced by ox against the said Commissioners shall abate or discontinue by the death or removal, or by the act of such secretary.
of se~r~tar;r.

C'onatruction of

6. The water supply shall be un the principle of constant supply ,bat,r-worb.

-at high service, and shall be derived from the Torrens. Principle and source of the water-works.

7. If any omission, misstatement or wrong description shall have EITCWSJ and omissions

been made of any lands or streams, or of the owners, lessees, or in plans, &C., may be corrected b Justices,

occupiers of m y lands or streams described in the plans or books of &C., who k t u c e r t i f ~

the same.

refereuce deposited as aforesaid, the Commissioners, after giving shall be deemed to be corrected according to such certificate; and the Conlrnissioners may make the works in accordance with such certificate, as if such omission, mi~statement, or wrong description

ten daysy notice to the owners and occupiers of the lands aud

streams af5ected by such proposed correction, may apply to two

Justices for the correction thereof; and if it shall appear to such

Justices that such omission, misstatement, W wrong description

arose from mistake, they shall certify the same accordingly, and

shall in such certificate state the particulars of my such omission,

misstatement or wrong description; and such certificate, with Certifimli h,,

the other documents to which it da tes, sball be deposited deposihd.

with the other documents to which they relate, in the office of the

had not been made.

8. The said Surveyor-General shall keep the said plans, and ~ ~ ~; {; ; ~ ~ ~ ~ r -

sections, and books of reference, and all other documents deposited ations, &o., and $low

with him for the purposes of this Act, and shall allow all persons mection

interested to inspect any of the documents aforesaid, and to make

copies and extracts of and from the same.

or of any alteration or correction thereof, or of any ather such evidence. 9. Copies of the said plans, and sections, and books of reference, pz~;;?&Jg,~d~

documents as aforesaid, or extracts therefiom, certified by the Sur-

veyor-General, which certificate such Surveyor-General sball give to all parties interested, when required, shall be received in all Courts or elsewhere in the saia Province as evidence of the con-

tents thereof. , .

10. The Lands Clauses Consolidation Act shall be incorporated ~ " p ~ ~ ~ t i o n **S L.- ,. '

herewith.

11. Subject to the rovisions and reskictions in this Act, and Commissioners, anb-

anv ~ c t incorporateBtherewith, the Commissioners may execute ject of this to the ~ c t, provisions may exe-

aiiy of the following works for constructing the water-works, that auk the works herein

is to say: named.

They may enter upon any lands and other phces described on

' the said plans and in the mid books of reference, and take

levels of the same, and set out such parts thereof as they shall think necessary, and dig and break up the soil of

such lands, and trench and sough the same, and remove

or use all earth, stones, mines, minerals, trees, or other

things dug or gotten 0l1e of the same :

They

Construction Qf They may, f ~ o m time to time, sink such wells or shafts, and

wakr-worb. make, maintain, alter, or discontinue such reservoir, water- works, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, culverts, engines, and other works, and erect such buildings, upon the lands and streams authorized to be taken by them as they shall think proper for supplying the inhabitants of the City of Adelaide with water:

They may, from time to time, divert and impound the water from the streams mentioned for that purpose in the said plans or books of reference, and alter the course of any such streams; and also take such waters as may be found in and under, or

on the lands to be taken for constructing the water-works.

Commi4sionmtomrJra 12, Provided always, that, in the exercise of the said powers, the

~ompensatlon for

damsgee.	Commissioners shall do as little damage as can be, and in all cases where it can be done, shall provide other watering places, drains, and channels for the use of adjoining lands, in place of any such as shall be taken away or interrupted by them, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers.
Penalty for obstruct-	13. Every person who shall wilfully obstruct any person acting under the authority of the Commissioners, in setting out the line of the works, or pull up or remove any poles or stakes driven into the ground for the purpose of setting out the line of such works, or deface or destroy any works made for the same purpose, shall be liable to a peualty not exceeding Five Pounds for every such offence.

ins W O X ~ ~. oONtrUCtiOn

Penalty for illclgally 14. After the stream or supplies of water hcrebj authorized to be taken by the Commissioners shall have been so taken, every person who shall illegally divert or take the waters supplying or flowing into the stream so taken, or any part thereof, or who shall do any unlawful act whereby the said streams or supplies of water may be drawn off or diminished in quantity, and who sl~all not immedi- ately repair the injury done by him on being required so to do by the Commissioners, so as to restore the said waters to the state in

the water.

which they were before such act, shall forfeit to the Commissioners	any sum which shdl be awarded by two Justices, not exceeding
Five Pounds for every day during which the said supply of water
b h d be diverted or diminished by reason of any act done by or by
the authority of such person, and any sum so forfeited shall be in addition to the sum which he may be lawfully adjudged liable to
pay to the Commissioners for any damage which they may sustain
by reason of their supply of water being diminished; and the pay- ment of the sum so forfeited shall not bar or affect the right of the Commissioners to sue such person for the damage so com- mitted.

tcA4ervacion of exiat-	15. Provided always, that nothing herein contained shall prevent the owners and occupiers for the time being of lands through or by which such streams shall flow from using the waters thereof in
icrp; ehte.

such

cauch manner and to such extent as they might have done befor% the commencement hereof, unless hey &all have received cowpen- mtion. in respect of their right of so using such water.

16. The Commissionem shall be required to erect d works for making good the interruption mused to m y lands adjoining or neas	Accommodation
works.
the water-works, or otherwise for the accommodation of such lands;
Differences- as to tho

and if any difference shall arise respecting the cor~structiou of any construction of acoom-

such accommodation works, or the kind, or size, or sufficiency	modation works to be
thereof, respecting the maiutenauce thereof, the same shall be	wttled by Justices.
determined by two Justices, and such Justices shall also appoint the time within which such accotwnodation works shall be begun and finished by the Commissioi:ers.

17. If the Commissioners shall, for fourteen days next afkr the	to execute such works,
If
Commissioners fa% persons nggrieved may perform the same, and

time appointed by such Justices for the beginning of any such ac-

cwmodation works, fail to begin such works, OF having begun	charge the cxpcnsc to
such works, fail diligently to execute the same in a sufficient	the Commissioners..
manner, tile person aggrieved by such failure may execute such works or repairs; and the reasonttble expenses thereof shnll, on demand, be repaid by the Comrrlissioners to the person by whom the same shall so have been executed; and if' there be any dispute about the amount or nature of sucli expenses the same shall be settled by two Justices.
18. The Commissioners, under such superintendence as is herein- after specified, may open and break up the soil and pavement of	Laying of pger
and drains.

the several ~t reets and bridges within tlte necessary limits, for the Power to break up

purpose of coostrocting the said undertaking, and'of laying down,	streets, &G., under au- perintcndsnce, and to
altering, cleansing, repairing, and removing any sewers, drains,	open drains.
pipes, conduits, service pipes, and other works and enginc:~, and remove and use all earth aud niatcrials in and under such streets aud bridqes. and do all other acts which the Conlrnissioners &all from tin; to time deem necessary fbr carrying out the undertaking, doing as little danmge as can be in the execution of the powers hereby granted, and making compensation for any damage which

may be done in execution of such powers. Not to cnter on private

19. Provided always, that nothing Ilerdn contained shall lnnd without consent.

suthorize or empower the Comn~issioaers to lay down or place any pipe, conduit, service pipe, or other work connected with the water-works, in any land not dedicated to public use without con- sent of the owners and occupiers thereof, except that the Commis- sioners at any time may enter upon and la-y or place any now pipe in the place of xn exidog pipe, in any land whereiu any pipe lmth been already lawfully laid down or l;laced, and may repair, alter, or remove, or cut dff', in cases provided in this Act, m y pipe so

h i d down.

f p i p e a management the same may be, or to their clerk, surveyor, or

and di-arns. other officer, notice, in writing, of their intention to open or break up the same, not less than three clear days before beginning

OP t s i n ~. ltreet such work, except in cases of emergency, arising from defects in any of the sewers, pjpes, or other works, and thcn as soon as is possible after the beginning of the work, or the necessity for the same hall have arisen.

bo be broken up except emergency aforesaid, be opened or broken up, except under the	R e e t s or c~raina not 21. No snch street or bridge shall, except in the case of
of persons having oon- superintendence of the persons having the control or manage- ad of the s ~. ment thereof, or of their officer, and according to such plan as

whall be approved of bp such persona, or their officer; or in case of any difference respecting such plan, then according to such plan as shall be determined by two Justices; and such Justices may, on the application of h e persons having the control or management of any such street or bridge, or thew officer, require the Commissioners to make such tempora~y or other works as t h y may think necessary for guarding against any interruption of the drainage during the execution of any wo~ks which interfere

Ifpersona, having fie with any such street or bridge:	Provided always, that if the
control, &C., fail to

rsuperintend, Commis-	persom having such control or management as aforesaid, and their
sioners lnny perform	O ~ C W f d to ~ttGnd at the time fixed for the opening of any such
the work without
them.	street, or bridge, after having had such notice of the intention of the Commissioners, as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Commissioners may perform the work specified in such notice without the superintendence of such persons or their officer.

Ifitreets, &C., broken 22. When the Commissioners open or break up the road or

UP* without to be delay. reinBtated pavement of any street, or bridge, they shall, with all convenient speed, complete the works for which the same shall be broken

up, and fill in the ground, and reinstate and make good the road

or pavement RO opened or broken up, and carry away the rubbish occasioned thereby; and shall at all times, whilst any

the same to be fenced and guarded, and shall cause a light,	such road or pavement shall be so opened or broken up, cause
sufficient for the warning of passengers, to be set up and kept thereagaimt every night during which such road or pavement shall be continued open or broken up, and shall, after replacing and making good the road or pavement which shall have been so broken up, keep the same in good repair for three months there- after, and such further time if any, not being more than twelve months in the vvhole, as the soil so broken up shall continue to s ~ h -
side.

p~=a)ty delay in 23. If the Commissioners open or break up any street or bridge,

r e ~ t i n g s t r e e b ~ & c *	without giving such notice as aforesaid, or in a manner different
from that which shall have been approved of or determined as aforesaid7 or without making such temporary or other works as

aforesaid,

aforesaid, when so required, except in the wses in which the	Laying of p p
a ~ d drains.
Commissioners are authorized to perform sue11 works without any superintendence or notice, or if the Commissioners make any un- necessary delay in completing any such work, or filling in the ground, or reinstating and making good the road or pavement so opened or broken up, or in carrying a m y the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repnir for the space of six months next after the same is made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street or bridge, in respect of which such default 1s made, a sum not exceeding Five Pounds for every such offence, and an additional sum of Five Po~inds fbr each day dnriug which a ry such delay as aforesaid shall continue after they shall have received uoticc thereof.
24. If any such delay or omission as aforesaid shall take place, the persons having the control or malingenlent of the street or	parties may reinstate
In case of delay, other
and recover the er-
bridge in respect of which such delay or omission shall take place,	penues.
limy cause the work so delayed or omitted to be executed, and the expense of executing the same shall be repaid to such persons by t l ~ e Commissioners, and such expenses lnay bc recovered in the sainc

way as ilainages are under this Act.

25. The Commissioners dldl provide and keep, in the pipes to be laid down by tl~enl, SuppZy of water.

a supply of pure and wholesornc water, sufi-	water to be kept for
A constant supply of

cierit for the domestic use of' the inhabitants of the City, who, as

domestic purpoeee at

hereillafter provided, shall be entitled to demand a supply, and shall

high service.

be liable to pay water-rate for the same; and such supply shall be

constantly laid on.

Supply of water to be

26. In all the pipes to which any fire-plug shall be fixed, the Commissioners shall provide and keep constantly laid on, unless pre-

kept for ulca~ising

wwers, drains, Rcc., and for othor public

vented by unosuel droupht or other unavoidable accident, or during

purposes.

necessary repairs, a sufficient supply of water for the following pur-

poses, that is to say-for cleansing the sewers and drains, for clertilsing and watering the strcets, and for supplying any public baths or washhouses that may be established for the free use of the in- lmhitants, or paid for out of any rates levied within the City; and such supply shall be provided at such rates, in such quantities, and upon such terms and conditions as nlny be fixed upon by the Com- missioners and the Municipal or other proper Authorities and parties concerned.

27. The Commissioners, at the request of the Municipal or other proper Authorities or parties concerned, shall fix roper fire-plugs iu

the main or other pipes belonging to them, at suc E places as may be Oommie~~ionar s to afflx

public fire -plugs in the

most proper and convenient for the supply of water for extinguisliiug	maine.
afiy fire which may break out within the limits of the City.

28. The

E'iP8-ph498. 28. Z'he Commi~ssiauew a h d from time to time renew m&

Gornmiasibtlera to re- ' keep in effective order every such fire-plug; and m soon as any psir fire-ptugs, such h - p l u g is conipleted they shall. deposit a key thereof at each

deposit keys thereof at	lace, within the 1imit;r of the City, where any fire-engine i s
engine-houses, &c.

Eqt, and iu such otlwr places as may be appointed by tlie Municipal or otber proper Authorities, and shall put up a public notice in some con~picuous place in each street in which such fireplug is situiited, showing its situation, which notice the Colllmissioners may put up on any house or building in such street-

Expense of fie-plugs,	29. The cost of such fire-plugs, and the expense of fixing, placing, and rnaintLLinir~g the same in repair, and of providing suclr keys as aforesaid, shall be defrayed by the Municipal or other proper Authorities out of the City funds.
&C., how borne.

F i r e - ~ l u ~ t o h e placed 30. The Co~nn~iasioners shall, at the request and expense of tIw

near manufactoriesat

reques;~,&c;.,u~ownOm.	owner or occupier of any work or manufactory, situated in aup
street in which there shall be a pipe of the Commissioners, place and maintain in effective order a fire-plug (to be used only for extin- guishing fires), as near as conveniently may be to suclr work or manufactory.
Piprs to be kept

chargod, and water 31. The Co~nmissioners shall at all times keep charged mith

taken to oxtinpi& water all their pipes to which fire-plug. shall be fixed, unless pre-

fires charge* vented by unusual drought, or other unavoidable cause or accident,

or during the nece~snry repairs, and shall allow all persons at all times to take and use such water for extinguishing fire without making conipensation for the same.

Pew% for refusing 32. If, except when prevented as aforesaid, the Commist;ioners

to fix, %C., fire-plugs

or occasional f a i l A f neglect or refuse to fix, maintkn, or repair snch fire-plugs, or to

supply of water. furnish to the Municipal or other yropcr Authorities a sufficient supply of water for the public purposes afbresaid, upon such termsas shall have been agreed on or settled as aforesaid; or if, except as afore- mid, they neglect to keep their pipes charged uuder such service as doresaid, or neglect or mfilsc to furnish to m y owuer or occupier en-	titled to receive a supply of' water, during m y part of the time fbr	which the rates for such supply have been h i d or tendered, they slmll
be liable to n penalty not exceeding Ten Po~mds, and shall also forfeit to every person having paid or tendered the rate, the sum ofForty Shillings for every day during which such refusal or neglect 8 l d l ~olltirlue after notice in writing shall have been giver1 to the Com- mis4one1-S of' the want of' supply.

p;,, to a. luid by 33. The Commissioners shall, upon the request of the owner or the Commis~z'mwrs. occupier of any dwelling-house in any street in which pipessshall

Commissioners to lay have been laid down by them, and upon payment or tender of the

down communicntinn proportion of watel -mte in respect of such house, hereby made

pipes on mquestof M- p~f:tble in iadvmce, and of the cost of laying down such pipes and cupier, with consent

of owner, in hoUSL'8 of other works as are hereinaftar referred to, lay down carnnruuication

limited value. pipes and other nrcessary works for the supply of such house with

water for domestic or other purposes, and shall keep the same in Pi l~e~ to 8 e l a i d b ~

repair, and thereupon the ~xxupier of such house shall be entitled the C'ona~skxdo~sers.

to have a suficient supply of water for his domestic purposes from the Commissioilcrs: l 'rovirl~l, nevert,heless, that it shall be lawful for the C1_'on;missioricra, in their discretion, to dcfriyy. it1 the iiM

iirst:mce, the cost of h y i n q doml such ~ ~ and ~ ~ e c c r r ? r i ~ ~ wcriis; ~ ~ s

n1:d in ~ n c h cnw the ('(;orr~:iislo~wrs may dw1.g~ for FL?C?I pipe\ a i d 1

os'udcs, ix nrlditicin t o tl4c rate lrclreby :ruthci;.i~tvX, arr > I J I I ~ P ~ ~: r~il i

equal to one-teutli of the nwertaind *\r4xnl cost lrrf b t ~ c h crrintrrot~i-

cation-pipes and wo~hs; sml such rent IJC chnvgii,hIe on an4 recovemblc frorrl the occupier, or, iu l& ddliult, Ikonl t h omwr oi' such house, at the same tirrie and i n the saint mmner m vutel--rates; and such pipes a i d other worlrs shnll ~ w t be subj,jcct to distress, or to the landlorcl's remedy for rent, nor to be tlaliclz in execution under m y pnwess of R court of Jlaw or Eqnity, or um.kr any pro- ceedings in bankruptcy or insolvency against such occupier or against such owner, unless he shall have paid for the liryiup down of the same, or shnll have become tbe proprietor of the said prpes and works undcr the povisious hereillafter coutained-

34. If, upon such request and consent, and upon tender of pay- Penalty on Corn- misvioncrs fm r c f ~ ~ s n i

ment of such proportion of water-rate, and cost of lnyiiig down, as, I,y ,o m,,u

aforesaid, the Conimissioners, for a rcasouable tinic, neglect or pipes.

refme to lay down such communication~~~~ipes or other works, they

s l ~ d be linsle to forfeit to tllc person so making such request the sum of Five POU~I~S, and n further sum of Forty Shillings fbr every

d ~ y during which such rcfnsd or neglect shall continue after seven days from the making of such request and tender as aforesaid.

35. If the occur)ier for t l ~ c t h e beinr of the house in which Cornrnissionerstobeak

any such comnu;icntion-pipes or otherwoi-lcs s l d l have bwn ~ ~; r ~ ~ ~: ;: ~ & ~ ~; p ";

laid down by the Cornmissioners at their own cost, refuse to pav ofuwucrsoroccupicra

for a supply of water, or if such llouse be unoccupied for twdte

months? the Comrr~issiollcrs may demand from the owner tlloreof

paylnent of the amount of the principal money invested by them.

in providing and laying down such communication-pipes and other

by the Commissioners, neglect or refuse to pay such principal	worlrs; a d if such owner, after ten days' notice given to him
money, the Commissioners may enter the house and remove such pipes and other works; and the balance of such principal money, ajftcr deducting the value of such pipes and other worlw, with all arrear of reut for such pipes and works, @hall in default of payment, be recovered with the costs incurred from the owner,
or from the occupier for the time being, in the same manner
as water-r&s are directed by tlJs Act to be recovered: Pro- No qrcntcr sum to be reroverrtl from o; cu-
oided always, that no grater sum shdl b recovcmd from any ihul d
such occupier than the amount of rent for the time being owillg by rout dut:.
him, unless he refuse to discover the amount of rent owing by h i u;
and that every such occuyicr shall be entitled to deduct from the
amount of rent payable by hiin the sum so recovered from lrini, or wllicli he shall have paid on demand.

D a 36. The

P@ a l a a b

She Coanmiasioners. commnnication~pipes or other works shall have been laid down by 86. The owner or reputed owner of any house where any such the Commissioners. a t their own costs. m m at anv time Dav off' the

owne""hoatEk*

arnount.then due to the ~ommissioneri in respect of the && of pro-

.to purchase tbo pipes.

~ i d i n g and laying down such pipes and works; and all rcnt a t that time due in respect thereof, and thereupon such pipes and works shall become the property of such owner, and all further rent in respect thereof shall, cease to accrue to the Commissioners.

Protection of

water.

37. Every petson supplied with water shall keep such part of

the coinmunicatiou-pipe and the stop-coclrs, rlraius, arid other works,

Person8 using water

as shall be within his own premises in good repair, so as effectually

to keep works in

h preveut the water fiotn running to waste or the collection of un-

repair.

wholesome matter; and in case any person shall neglect to keep the

Pen*	for negleat.	same in good repair, the Corntnissioners may cut off the pipe, or turn
off the water froin the premises of such person, until such stop-cock shall be provided or repaired, as the case may require.

suffcrhg 38. Every person supplied with water by the Commissioners, who shall suffer any such pipc or stop-cock to be out of repair, so that the water supplied to him by the Commissioners shall be wasted, shall forfeit to the Commissioners, for every such offence, a sum not ex- ceeding Five Pounds.

pipe, &C., to be out of

.repair,

Cammissionersma~

repair pipes, &c. 39. The Commissioners may repair any such pipe, stop-cock, or other work, so as to prevent any such waste of water, and the ex- penses of such repair shall be repaid to them by the person so allowing the same to be out of repair, and may be recovered as damages.

% w ~ ~ ~ e ~ o r e m - 40. The surveyor, or any other person acting under the authority

ployed by Commis-

eionom to enterhouscs of the Commissioners, may, between the honrs of nine of the clock in

to impect, &C. the forenoon and four of the clock in the afternoon, enter into any

house or premises supplied with water by virtue of this Ack, in order to examine if there be any waste or misuse of such water; and if such surveyor or other person at any such time be rcfused

admittance into such dwelling-house or premises for the purposes

aforesaid, or be prevented from m ~ k i n g such examination as sfore-

said, the Commissioners may turn off the water supplied by them

from such house or other premises.

Penalty for allowing

persons to use water.	41, Every owner or occupier of any tenement supplied with water under this Act, who shaU sapply to any other person, or wilfully permit him to take any s~lch water from any pipe in such tenemeot, unless for the purpose of extinguishing any fire, or un- less he be n person supplied with water by the Commissioners, and the pipes belooging to him be, without his default, out of repair, shall forfeit to the Commissioners, for every such offence, a sum not ex-
ceeding Five Pound&.
Peaalty for taking

water without agree 42. Every person who, not having agreed to be supplied with

a~~lt, water

water by the Comniiusioners, shall take any water from any reservoir, Prolection of

wntcrcourse, or conduit, belonging to the Commissioners, or any pipe water.

leading to any such reservoir, watercourse, or conduit, or from any

cistern or other like place containing water belonqing to the Com-

missioners, other than such as may have been povided for the gratuitous

use of the public, shall forfeit to the Commissioners, for every such

offence, a sum not exceeding Ten Pounds.

43. Every pcrson who shall wilfully or carelessly break, injure, :$$t;&efitroh

or open ally lock, cock, valve, pipe, work, or engine belonging to the Comn1isc3ioners, or shall flush or draw off the water from the rewrvoirs, or other works of the Commissioners, or shall do any other wilful act whereby such water shall be wasted, shall forfeit to the Commissioners, for every such offerrce, a suul not exceeding Five Pouds.

44. Every person who shall commit any of the offences next Fouzing Be ww. -

hereinafter eilumerated, shall, for every such offence, forfeit to the Pcnaltics tor foaling

Commissioners a sum not exceeding Five Pounds, that is to say- , , t , ,

Every person who shall bathe in any stream, reservoir, aque- duct, or other water-works belonging to the Commissioners, or any waters supplying or flowing into the same, or any part thereof, or wash, throw, or cause to enter therein any dog or other animal:

Every person who shall throw any rubbish, dust, filth, or other

noisome thing into any such stream, reservoir, aqueduct,

or otl1er water-works, or any waters supplying or flowing into the same, or any part thereof, aa aforesaid, or wash or cleanse therein any lead or other mineral, or any cloth, wool, leather, or skin of any animal, or any other thing:

Every person who shall cause the water of any sink, sewer,

or dmin, steam-engine, boiler, or other filthy water

beloncl.inc1- to him or under his control, to run or bo	brought into any stream, reservoir, aqueduct, or other b b	water-works belonging to the Commissioners, or any waters	supplying or flowing into the same, or any part thereof,
or shall do m y act whereby the water of the Cornrnissioners shall be fouled:

And every such person shall forfeit a further sum of Twenty

Shillings for each day, if more than one, that such hst-mentioned offcncc shall be continued.

45. It shall not be lawful for any person or persons, without notice Sewera,

art hereinafter-mentioned, to make or branch nny Newer ur No p ~ v a t e rera to

drain into any of the sewers or draills made under authority hereof, wmmunioate without

or into any $rain or sewer communicating therewith; and; in case	'ulderpeo"lt~r.
any person shall make or branch any private sewer or drain into ally such sewer or drain without such notice, such person shall,

for

Sewrm.	for every such offence, forfeit and pay to the said Commissioners a Burn not exceeding Five Pounds; and it shall be lawful for the said Commiesioners to stvp up the communication of such private sewer
or drain wit,h the twwers to be made as aforesaid, or any sewer com-
rnutricating therewith, and to recover tlie costs and chnrges occasioned thereby, from the person or persons so offendiug, in such and the like manner as any rate may by this Act be raised and levied.

46. All such private sewers or draius as sl~all be permitted to he

P"pribbrs ~ewers, $C., to private repair

and cleanse the same branched into m v of the said sewers or drains so herebv authorized - -.

the Cornmissionera direction of to be made, shalifrom time to time be repaired and cleiused, urlder

the inspection and direction of the said Conwnissioners, or their

officer ippointed in that behalf, at the costs and elmrges of the occnpiers of the lands to which the said private scwcrs or drains shall respectively belong, and in case any such occupier s l d l neglect to repair and cleanse any such sewer or drain so permitted as aforesaid, or to cause the same to be repaired and cleansed, accordir~g

to the directions of the said C'ommissioners or their officer as afore-

Penalty for non-corn-

said, shall forfeit and pay for every such off'ence a sum not exceediug

pliance.

Five Pounds, and the said Conlmissioners may repair and cleanse

such private sewer or drain, and recover the expenses thereof from

such occupier.

drains to the scwers.

'nhabiteO"	may lay	47. Any owner or occuyier of lallds within the said City who shall be desirous to havc a dr:iin to the sewers to be made under the authority hereof, or to any sewer commuaicating tlierewith, laid into his lands, may, st his own expense (subject nevertheless to the provisions hereinbefore ccntained ), having given six dn ys previous notice in writing of his or her intention so to do to the said Corn- missioners, and with tlie consent of the owners of the lauds tllroug,h which the drain sliall be conveyed, opeu t l ~ c ground between his land and any such sewer, or the sewer conimuaicating therewith, and'lay any drain (the same being mnde of such mitterials and
in such mnnner, in all rcspects, as may be approved of by the
said Commissioners), from such lands to communicate with the said sewer.

Gommissioficmtoper-

mit drains subject to	48. The said Comniiwioners shall be obliged, in the manner be- fore-directed, to permit every owner or occupier, or part owner or occupier of any lands situate within any street where the scwers of the said Conlmissioners shall be laid, to lay any drain from such lands, the same being made of such materials, and in such manner in all respects, as the said Commissioners shall approye of, to communicate with the said sewers so to bc made by such Com- missioners.
approval.
Commiesioners em-

powered to remove 43. It shdl be lawful for the said Commssioners to cause a

nuieancca &m tone- drain or sewer to be laid down from any lands within the said men% Lc., on cam-

plaint, =a to recover City to one of the maitl sewers or drains of the mid Commissioners,

the charges for so ar to wme sexer or drain communicating therewith, and from

doing fwrn the owner time to time to repair and cleanse such drains, and to recover

i e

tenementa the

the expenses of laying down such drain or drains, and of h e r s w

repairing and clemsing the same, from the owner or occupier

of such lands; and in case such owner or occupier shall, on de-

mand, refuse {Q pay such expenses, the same k l d l be 'recover- able by the said Commissioners or their officer appointed in that behalf, before any two or more Justices of the Peace in a summary way: Provided always, that every occupier ellall be entitled to deduct against, or to be repaid by his landlord, all such expenses as aforesaid, as shall be recovered from such occupier, unless he shall be liable to pay the same, under or by virtue of' his lease or agree- ment with his landlord.

50. If any person, supplied with a drain by virtue of this Act, o r And on pcrsona~ mp- plied with drama pcr-

having any drain or sewer which may communicate with the sewers ,ittin,

others M me

of the said Commissoners, shall wilfully permit any other person, the same.

not having the authority or consent of' the said Commissioners, to

use any such drain, or any branch into the same, every such person

so offending shall forfeit and pay to the said Cornn~issiioners, for cvery such oEence any s u m not exceeding Five Pourids over and above the ftill amount of the damage sustained bp the said Corniuissioners by the acts or means i11 respect of wl~icli such petialty shall be incurred, amd such penalty and dan~ages shall be recoverable before any two or more Justices of the Peace for the said Province in a summary myay, a d the said Coumissioners sllall be a t liberty to cut off the drain from every person so offending fi-om the sewers of the said C'omniissioners.

5 1. It shall be lawful for any person acting by or under the Commissioners RU~IW rizcd to cnter prcmisea

aut,lloritv of the said Coml~~issiont.rs, a t all seasonable times in the ,, ,,, that no 8cwera

day time, u p 1 giving twenty-four hours' previous notice of their comnluninlta.

intention, to enter into any house, building, or other premises, hav-

i n g a drain or sewer communicating with the sewers to be made by

virtue of this Act, in order to inspect aud examine the state and corrditio~i thereof, and if there be any communication with snclr drain or sewer into any ot2wr buildinm or prcrniscs; and if auch per-

son so acting by or under the aut1m?ty of the said Commissioners,	shall a t such time he refused admittance into any such dwelling-
house, building, or other premises, for the purpose of making such inspection, or on being adniittcd shall be obstructed or prevented from niaking such inspection, the occupier of such dwelling-house, building, or other prelnises, slrtlll fbrfeit, and pay a sum not exceed-
ing Five Pounds.

52. It shall be Ixwfd for the mid tornnlissioners to make an Rates.

annual rate, not exceccling Two Shillings in the Pound, on all lands Constructitibn-rate and

within the said City, iucluded in the City asscssrnmt according to ~ u p p ~ p	wnter-rate to
the value at which such la,nds ~linll be ttssessed thcrcin, ns n bulc''iea.	44 Construction-rate ;" and also to make an annual nrte, not exceeding
Sixpence in the Pound, on all such lands according to the value aforesaid, to bc called the " Supply Water-rate :" Provided that if there shall he no assessment, for the time being, for the said lands,

Xutes,	or any of them, iti shall be lawful Eor the mid Commissioners to cause the asme to be aswstwd according to the true value thereof subject to appeal to the Local Court holden before ;b Special,
Magistrate and two Justiees of the Peace wit& tlie said City.
COnstrudion =ate, by
whom paid.	53. The construction-rate shalt Be borne, in equal moieties, by the owner and by the occupier of the buds upon or in respect of which the same is imposed, and shall, in no case exwed what may be requisite to provide for all payments, for priucipal and intwest, of the moneys raised under authority hereof, due, or to accrue due, at or dnring the tiine for which such rate Inay be imposed, together with the cost of repairing aud iniiiutaining the said undertaking: Provided, neverthelem, t l~ut the mid construction-rate rnay be re* co~ered, in the first instance, from the oecupier of' the lands in respect of which the same is imposed, but that in any case in which the sarlle rate shall be recovered from the occupier of any land he shall, in the absence of any agreement to the contrary, be entitled to deduct one moiety of the wme from any rent yaynblle bp liinl.
8 u d ~ - T a t e ~ b y w h 0 m
paid.	54. The sappIy water-rate shdl be paid by and be r:*covefi&de from the person requiring, receiving, or. using the supply of water.
impose additional rates

~ommissione~s	m,	55. It she11 be lawful for the said Commissioners to impose an additional rate upon any lands to which water may be suppliec? under the provisions hereof, for the purposes of trading or manu- facture, or far any other than domc!stic puqmscs; and such ad- ditional rate shall be proportioncd to the qumtity of water which
on factories, &C.
may be required to be supplied to such lmds for the purposes
aforesaid.

When several homes

mp lied by one pipe, 56. IVhen seven1 houses, or parts of houses, in the separate the several owners or occupiers of such houses, or parts of houses, shall be liable to the payment of the game si~pply water-rate for t 'x sup-

sac to pay. l occupatiol~ of several persons, are supplied by one coiimon pipe,

ply of water as they would have been lidllc to if each of such several

houses, or parts of l~ouses, had been supplied with water from the

works of the Commissioners by a separate pipe.

Rates to be paid

qunrkrly, in advance.	57. All rates hereby authorized to be imposed shall be paid in advance, By equal quarterly payments; and the first payment of the coastruetioa-mte shall be made when the said undertaking 921a11 be so far completed as that water rnxy be supplied to the said City by m e m s thereof, of wliich con~pletiorl a notice by authority of the Governor, pt~blished in the Smth Austra1ia.n Government Gazette, shall be sn%&nt evidence; and the first pnyment of the sup~dy water-rate shall be made at the time when the pipe by which tlie water is supplied
is made to communicate with the pipes of the Cfoiurnissioaers, or at
the time when the agreement to take water from the Conmissionera
t made,

58. The

58. Tlle occupier of any dwelling.house, or part of a dwelling Ratea.

house, liable to the payment of nu); supply w&t,er-rate, who slw~ll give

notice of his irhxtion to discontit& the me ofthe water supplied by tlre Partie. gi.ing notice

to di~continuu uec of

C!ommissioncrs, or who shnll remove from his dwelling-house between ,,,,,,	.,
any tn-o qu:~rtctrly days of paj nient, slid pa,y sucb rate in respect to P ~ Y	to the next

(IU"'~" Pay.

of such dwelling-llonne,or part of n dwelliirg-house, for the quarter e d i q oil the qun r tdy d2y of payment next after his quitting the

same or givillg S L I ~ I rioticc:

59. The owners of ::l1 dweliing-houses or parts of dwelling- o\vnersof houspsnot excucding £30 rent to

houses, accupied ns scl)~i.:r Le ter;cnrents, the mnual value of which b,: liable to water

ltonscs or tckemeilts b ld l not exceed the sum of Thirty Pounds, shall be liable tit the p; . ~ ~ i t of' the supplv watcr-rate itlstead of' the oc- cupiers thereof; nod illZ pkvers n:d proviiions lrorcin contained fbr the rcAcovery of rates f'roru occupiers shall be construed to apply to the owners of sucli l ions~s and t8enemuuts; and the person receiving the

rent of a11-y sucli llouse car teneu~ent as aforesaid, from the occi~pier

thereof, 01; his own nccount, or as agent or receiver for any persoli intercstccl therein, shall be deemed tlic owuer of such house or tcnenlent.

60. Provided alwnys, that wlren any owner sTdl pay any such Tenant~undm ex-

sopply water-rate i l l respect of i k r l y such dwelling-house, or part of a ~ ~ f ~ $: ~ " L " "'1'"'

dwelling-houae which s i d l bc ill'tlic occupatioll of :my tenant under any lease or. agreenwnt ~rltttle prior to the comir~encen~eiit hereof, such tenant shall repay to the owncr all sums which shall be so paid by him during the continumco of' such lease, unless i c has been agreed that tlie owner shall pay the water-rates in respect of such dwelliug-

l~ouse, or part of a dwellitig-house; alld every such sum of lr~oney

payable by the temnt to tlle owuer under the provisions liersinbefbre coutnined, niay be recoverod, if'tlie same be not paid up011 demand, as arrears ofrcut could be recovered fi-orn the occupier by the said owuer.

liable as hcrein provided to pay t1.e supply water-rate, neglect to covtred. 6 1. Tf any person supplicd with water by the Counrnimioners, or Itatccr uaw to be rea

pay such supply watcr-ratc a t any of tlie said times of payment	thereof, the Commissioners m y stop tlie water from flowiug into the
premises in respect of which wcli rate is payable, by cutting off the pipe to such premises, or by such means as the Con~missioilers shall think fit :, and 111ay recover the rate due from sucli person, if less than Thirty Pounds, with the expenses of cuttiug oft the water anti costs of recoverirrg the rate, in the same mantler as any damages or peimlties for the recovery of' which no special provision is niadc, are recoverable by this Act; or if the rate so due amouut to Thirty I'ouods or upwn& the Coomlissioners may recover the same, with the expenses of cutting off the water, by action in the h S upreCe Court.
being, of the said Province, frotn time to time, to issue bonds, not visions. 62. It shall be lawful for the Colonial Treasurer, for the time I'ina12&d
exceeding in the W hole the sum of Two Hundred and Eighty T h ~ u ~ n d ~ ~ l ~ ~ i ~ l Tlbenaurar to

poundss raise f;280,000.

f iwwid Pm-	Pounds, for such amounts as he may deem expedient; and suc1~
m'sabns.	bonds shall be in the form following, that is to say-

Form of bond, No. £ No. S

city of Adclaide Water-w orks and ~ r a i n a & ~ o n d.

' 1 Colonial Treasurer of thc Province of

South Australia, in consideration of the sum of Water-works and Drainage, do hereby bind myself to pay to the holder, for the time being, of this present obligation, the sum of Pounds, and interest thereon after the rate of six per eent. per annum; such interest to be

payable on the first day of January and the first day of'

July in every year, and the principal to be paid on the fir& day of, in the year one thousand eight

hundred and . Sealed with my seal.

Dated the	day of	, one t 2 ~ m a 1 d
eight hundred and

Siqned, G sealed, and delivered, in

the presence of

N o ~ ~. - ~ n t e r e. s t, payable at thc Colonial Treasury in Adelaide

South Australia, or [iri London or in any ot,her agreed plncc], at such plncc nu may be appointed, by notice to

be glven in the South Auslrcrlian Gover~menl: GuxeEtt:

[and ~ K I the London Gazettei.

Principal payable at the Colonial Treasury, in Adelaide, or, at the option of the bolder [in Iloldon or otl~er agreed place], if six montlls' notice of desire to that eff'ect be given to the Colonial Treasurer in South Australia.

Bonds bear 61,. The said bonds shall bear interest at the rate of Six Pou~ids

at. B ~ X per cent.

per centum per annurn, and the interest and principal upon such

bonds shdl be payable and paid to the liolder thereof; at such place

and time as may be specified or provided therein.

Moncya raiaed by

ton&, bow applied.

64. All sums of money raised and received by the Colonial

Treasurer upon the security of the said bolids sbidl be carried by

the said Treasurer to the credit of' the said CJot~i~~iissio~iers, for the

construction, conipletion, and ninnagcmciif o f tES&id"up1dertaking,

aiid slrnll be by him paid to the said Cou~tirissioners, in such aruount and manner, as the Governor, by any warrant under his haad, may, from time to time, autlmrize aud direct.

~ z s, o o o t ~ b e setapart 65. I t shall be lawful for the mid Colonial Treasurer, and he is

annllal'y	of principal and	paym'nt	hereby required, in oacli and every ycnr from tlie first' raising of
inierost.	any sums of money untler the authority hereof, until the whole of the amounts so raised, and all interest thcreon, shall have been duly paid, to set apart t h sum of Twenty -eigh t ~1;oasand Pounds, or such lesser sum as shall suffice to pay the amount of bondsredeemable during such ycm, together with interest upon dl bonds which dial1

then

then bear interest; and shall apply such sum in payment of such	Financial Pro-
bonds and interest as nforesaid, in nmnner specified in such bonds.	visions.

66. It shnll be lawful for the Governor, from time to time, by Governor may advance

warrant under his hmd, to authorize the Colonial Treasurer to	moneys to be repaid.
advance and pay to the said Commissioners, fur the purposes of this Act, any sums of money not exceeding it1 the whole the sum herein autllorized to be raised; and any sums of lnouey so advanced and paid shall be retained by the Colonial Treasurer out of any moneys raised by him urdcr authority hereof.

67. All moneys received by the said Corn~llissioners,	for or on	Net proceeds of rates
t o bc paid to Colonial

account of thc rattcs hcrein authorized to be imposed, after deducting	Tr~asurer.
the necessary costs and charges of and attending the collection of the same, and also of the nxiintenance of the said Undertaliing, and of keeping up the supply of water, sllall be paid by the said Com- missioners to the Colonial T reas~mr, until the whole of the money so to be raised by the sale of borlds, together with iuterest thereoil a t the rate aforesaid, shall be f d y paid and satisfied.
Aftcr payment of loan,
GB. 60 soon as the wllole of the priircipal :uld interest of the n~oney so to be raised as aforesaid sliall haw been paid by l m m s	undt!staking to veat in
Q ty Authoiities.
of thc ratcs SO h ~ r e h y authorizecl to be imposed, the s; d uiicler- taking, and the P O W C ~ S and dutics hcrcby conkrred and iinposed, shall thencetbrtl,l vest in the RI iu!icip:tl A ~ ~ t l l o r i t i ~ ' ~ i'or the said City: T'roviclccl that it shall be Lawftd for the Governor, with the advice of the 1Sxeeutisc. Cowlcil, at ally tiine after thr con- stroetion of tlle said wldcrtalii~~g is compictbcd, to appoint the Irurticipal L.lathoritics as doresnid to be Colnniissiouers for the pur1)om; of this Art, and s ~ w h appoht~~ien t fro& time to tihic to revoke, mcl other C1omuiissioners to nppoiut as l~creiliLcforc
authorized.
69. The Commisaioocrs, or any persorl having wn onlw for that p u r p x ni~!ler the hand of any one of tlieu~, may inspect ally cily-mte rnacle or to be rnnclc for the said City, and tbe nssessinent book and othcr tlocunrents rciating thereto, ancl may take copies or estr:tots	City aus~ss~ueutu.
Rights of inspecting

from the same without payn~ent of any fee or rcward; :md if any

person hnving the c~isto~lv of any such rate, assessliient book, or other docmnent, slinll wiifdly neglect or refuse to permit t l x Corn- nlission~rs, or snch otbcr person as aforesaid, to inspect the same, or to take copies or extracts from the same withill two days after a demand in writhg, or such o d e r shall have been produced and shown to lrirr~,

or a copy thereof left a t his usual place of abode, slxch ofknder shall,

on cori~ict~ion thereof, forfeit and pa,y for every such offeme r~,

penalty not exceeding the sum of Ten Pounds.

70. The Commissioners shall, from time to time, nominate one or	Appoimment and
powerrJ of wsesaore t

more persons as asse8sors or collectors for assessing and levying the	and cullector~.
said rates respectively, who shall proceed in the same manner, and shnll l w e the same powers, remedies, R I I ~ privileges, and shall be subject to the same regulations and peualties, with reference to the asseaniug

Fahancial Pro-

visions.	and levying of such rates, as if they were assessors or collectors ap- pointed by the Municipal Authorities for collectiug the city-rates, and shall pzy over tlie amount of such rate to the Commissioners, or to any person authorized by them or any one of them, or, in default thereof, shall be proceeded against ill the same manner as such as- sessors or collectors, by ally Act now or hereafter to be in force, are to be proceeded against for non-payment.
Collectors may sue.
71. It s11:111 and may be lawfill for any collectar, so to be wp- pointed by the Coxnmissioners, to sue for, recover, and receive of and from tllc persons thereto liable, any rate, assessment, or other moneys payable under the provisions of this Act, before any Court of coni- petent jurisdiction; and for the purposes of any action, suit, or other proceedings, such rate, assessment, or moneys, shall bc deemed to be due and payable to such Collector.
Accounts of Re-

ceipt and Expendi- 72. The Commissioners shall, in each year, cause an account in

ture.

abstract to be prepared of the whole receipt and expenditure of all

--

Annual account to be

moneys advanced to thcin, and of all rates or other moneys levied

made up by Commis-

under the powers of this Act, for the year preceding, under the

sioners and sent to the

Cnlnnisl Secretary,

several distinct heads of receipt and expenditure, with a statement

and to be open to

of the balance of such account, duly audited and certified by the

- inspection.

Auditor-General, or by the Chief Commissioner, and also by the auditors thereof, if any; and a copy of such account shall be sent

to the Colo~iial Secretary on or before the tlrirty-first day of

December in each year, and shall be published in the South A.ustralian

Governnzent Gazette.

Rccovery of Dn-

73. In all cases where any damages, costs, or expenses are by this Act directed to be paid, and the method of ascertaining the

maaqes and Penal-

Provision for damages amount or enforcing the $aynient tlicreof is not provided for,such

pm- mnount,, in case of dispute, shall be ascertained an9 determined and

vided for. recovered in n suinrnary way by and before two Justiccs of the

1850, NO. 6. Pencc f o ~ the said Province.

Appropriation of	74. ,411 fines, pcndties, and arrears of money, levied or recovered under this Act, shall, so far as not otherwise specially appropriated, be paid to the Colonial Treasurer, on behalf of Her Majesty, Her
r~onw.

Heirs, and Successors, for the public uses of the Province, and

support of the Government thereof:

Tender of amcnds 7 5. If any person shall have committed any irregularity, trespass,

and protection a f

Persons.	-	or other wrongful proceeding in execution of' this Act, or by virtue
Tender of amcsds.	of m y power or antlloritv hereby given, and if, before action brought in re~pect thereof, such ierson make tender of suficient amends to the person injured, such last-mentioned person shall not recover in anyA such action;' and if no such tender have been made, the defendant may, by leave of the Court where such action is p ~ i d h g,
a t any time before issue joined, pay into Court such sum of money
as he thinks fit, and thereupon such proceedings shall be had as in other cases where defendan& are allowed to money into Court..

76. AU

76. All actions and prosecutions to be comn~enced against any T d e p of amends

person for anything done in pursuance of this Act shall be corn- personr. and protection of

menced within six calendar months alfter the fact was committed, -

to proceedings

and not otherwise, and notice in writing of such action, and the against persons acting

cause tllcreof; shall be given to the defendant one calendar month undcr thi~	A C ~.
at least before the commencement of such action; and in any such

action the defendant may plead the general issue, and give this G e, ~ d i ~ ~,

Act and the special matter in evidence at any trial tliereupon; and

no plaintiff shall recover in any such action if tender of sufficient ~,,d,, , ,enda, f

amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant, together wit'h the costs incurred up to that time; and if a verdict shall pass for the defendant, or the plaintiff becon~e nonsuited, or discontinue any Ifjudgment be

such action on issue joioed, or if upon demurrer, or otherwise, agsmst~laintifK

judgment shall be given against the plaintiff; the defendant shall

recover his f d l costs as between attorney and client, and have the

like remedy for the same as any defendant hath by law in other

cases, and though a verdict shall be given for the plaintiff in any

such action, such plaintiff shall not have costs against the defen-

dant, unless tbe Judge before whom the trial shall be, shall certify

his approbation of the action, and of the verdict obtained thereupon,

Adelaide: Printed b~ authority, by W, C. COX, Gove~pment Printer, Victoria-aquue.