Water Supply Act 1858 (SA)

ANNO VICESIMO SECUNDO

An Act to awmd and col~soliclale the Acts providing for tJ2e Water

15upply mzd Draiilqe of the C& of Adelaide.

[Assented to, 24th December, 1858.1

IXEREd4S it is espedicnt to amend and consolidate

No. 28 of 1855-6, and Act KO. 11 of 21st Vict., providing

for the Water Supply and Ihaiaage of the City of Adelaide-Be it therefore Enacted, by thc Governor-in-Chief of the Provirice of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this prescnt Parlia- ment assembled, as follows:

1. This Act may bc cited for all purposes as " The Adelaide Rhort title of ~ o t.

R 2

authorized to be constructed; the expression " the Commissioner" shall mean the Commissioner of Public Works for the time being, until the powers and duties hereby conferred and imposed shall be trans- ferred to the Municipal i4uthouitics, in manner Imeinafter prorided; and from and after such transfer the cupression "Commissioner" 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 G Justices" shall mean Justices of the Peace of the Provincc of South Australia; the expression " the waterworks " shall mean the materm-orks and the works connected therewith, hereby authorized to be constructed; the expression "the sewers" shall mcau the sewers, drains, and all other worlis con- nected with the drainage of the said City; the expression " owners" shall include the agent or other person authorized to act or usually acting in the owner's behalf; 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 hereclitaments of any tenure; the word 'L streams" shall includc 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 rent reserved, or payment to be made to the Commissioner for a, supply of water.

MTatermorks Act, 1858."

2. An Act, No. 28 of 1855-6, intitded '' An Act to provide for Repeal of Act No. 28 of 1855-6, except as

thc Water Supply and Usainnge of the City of Adelaide," is llereby ,, ,,isin, m,,noy by

repealed, exccpting in so far as relates to the raising of money for bonds.

the purposes of such Act by the issue of bonds.

3. Sections ninety-three, ninety-four, and ninety-five of Ordinance Repeal of sections 93

No. 11 of 1849, To Constitutu a. JIunicipal Corporation for the ~; , ~ o ' f ", ~ ~ ~, a n M

City of Adelaide," are hercby repealed.

4. The expression " the TJndertaliing" shall mean the water-works Interpretation chuse.

and drainage works, and thc works connected therewith, hercby

authorized

Commissioner. 5. The Commissioner shall, from time to time, appoint and employ such manager, secretary, solicitor, engineers, clerks, mes- sengers, and other officers, at such rcnsonablc salary, pay, or reward,

Commissioner	to
appoint officers.

as to him may seem meet; and shall also, from timc to timc, at

his discretion dismiss and discharge such officers, or any of them,

and appoint others in their place.

Commissioner may 6, The Commissioner may, for the purposes of this Act, and

purchase land, &c.	under the name style or title of " The Commissioner of the AdeXaide Waterworks," purchase, take, or acquire, any lands and other hereditameats, goods, chattels, and things, and contract and agree for the same, and become a party to any instrument for giving
effect to such purchase, taking, or acquisition, or for the per-
formance or construction of any works, or delivery or removal of any materials, and may take security by way of bonds or obliga- tions, or otherwise, by such name as aforesaid; and by that name may implead and be impleaded, defend and be defended, answer and be answered.

Commi&oner may 7. The Commissioner may make such roads over any of the lands

make roads, authorized to be taken as may be considered necessary for carrying

into

into effect the said undertaking, and for communicating with and C o ~ & s i o m

maintaining the works which may bc constructed; and may repair,

amend, and fence in such roads, and use the same exclusively for

the purposes of the said undertaking, or permit the public or any

person or persons to make use of the same, upon such terms and

conditions as he shall from time to time think proper.

in the Comn~issioners under the said Act, No. 28 of 1855-6, or any missioncr. 8. All lands, houses, property, chattels, and effects, now vested Lands tovest incorn-

former Commissioners, or any of them, shall, from ancl after the commencement of this Act, be absolutely vested in the Commis- sioner; and all persons who then owe any moneys to the said former Commi~sioners, or to my person on their behalf, shall pay the same to the Cummissioncr; and all moneys due and owing by the said former Commissioners shall be paid by or be recoverable from the Commissioner; and all contracts, agreements, bonds, covenants, and securities made or entered into, or in favour of, or by the snid former Commissioners, may be proceeded on and enforced in favor of, by, or against the Commissioner, as if the same

had been entered into with the Commissioner.

9. For the purpose of enabling the Comlnissioner to obtain ( l ~ h e Lands Clausee

may require for the purposes of this Act, " Thc Lands Clauses Con- A C ~.

any land, or any right or eascment, in or over any land which he !$~~~;~~~w,hu

solidation Act" shall, subject to the provisions herein contained, be incorporaied with this Act, and the provisions of the snid Act so incorporated with this Act shall be applicable in the case of the purchase of a right or casement in or over any land; and for the purposes of this Act the eupressiun "the promoters of the under- taking," wherever wed in the said Lands Clauses Consolidation Act, shall mean " the Commissioner. "

10. The Commissioner, before taking land or any right or ease- commissioner to serve notice, &G.,

ment in or over land otherwise than by agreement with the parties acfore	taking lmh,
intcrested therein, or enabled to sell and convey the same, shall
quantity of land or the particulars of the right or easement which	deposit in the office of the Surveyor-Gcneral a plan, showing the
he may require for the purposes of this Act.

11. The Commissioner may sell and dispose of any land pur- Cornmissionermay

chased under this Act, or any property whatever vested in him ~	~	~	~	~	~	~	~	~	e	a
under this Act, which it may appear to him may be properly sold or disposed of, and may transfer or convey the land or other property sold and disposed of unto the purchaser, or as he shall direct; and his receipt shall bc a s~~fficient discharge to the pur- chaser for the purchase money in such receipt expressed to be received, and the money accruing from the sale of such property shall be applied for the purposes of this Act.

12. The

Construction of 12. The water supply shall be on the principle of constant supply

water-works-	at high servicc.
Principle of the watcr-
works.
commissioner may

execute the work 13. Subject to the provisions hereinafter contained, the Com-

herein named.

missioner may execute any of the following works for constructing

the water-works, that is to say:

He may enter upon any lands required for the purposes of this Act, and take levels of the same, and set out such parts thereof as he 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, stone, mines, minerals, trees, or other things dug or gotten out of the same:

We may, from time to tirnc, sink such wells or shafts, and 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 him as he shall think proper for supplying the inhabitants of the City of Adclaide with water:

He map, from time to time, divert and impound the water from the streams mentioned for that purpose in the plans of the said water-works, and books of reference thereto, deposited in the office of the Surveyor-Gcneral, and alter the course of any such streams, and also take such watcrs as may be found in and under, or on the lands to be taken for constructing the water-worlis.

Commissioner to

make compensation 14. I n the exercise of the said powers, the Commissioner shall d~

far iamages.	as little damage as can be, ancl in all cases where it can be done, shall provide other watering places, drains, and channels for the use of the land adjoining or near the matcr-worlzs, in place of any such as shall be taken away or interrupted by him, and shall
make reasonable compensation to all parties interested for any damage actually sustained by them through the exercisc of such powers; and the amount of such compensation shall, if no agree-
ment shall have been come to between the Commissioner and the parties interested as aforesaid, be settled in the manner provided for the settlement of disputed claims for compensation in the said Lands Clauses Consolidation Act.

Penalty for obstruct. 15. Every person who shall wilfully obstruct any person acting

i~constmction of

workrr.	under the authority of the Commissioner, in setting out the line of
the works, or pull up or remove any poles or stakes dri-ven 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 penalty not excceding Five Pounds for every such offence.

16. After

1 G. After the stream or supplies of water hereby authorized to Comtmction of

be taken by the Commissioner shall have been so taken, every wfPT-wYrh.

person who shall illegally divert or take the waters supplying or Xralty f o r i o ~ p a ~ ~

flowing into the stream so taken, or any part thereof, or who shall diYerting the

do any unla~vful act whereby the said streams or supplies of water

may be drawn off or dirninish~d in quantity, and who shall not

immediately repair the injury done by him on being required so to

do by the Commissioner, so as to restore the said waters to the

state in which thcy were before such act, shall forfeit to the Com-

missioner any sunz which shall be awarded by two Justices, not

cxcccding Five Pounds for every day during which the said supply

of water sllall be diverted or diminished by reason of any act done

by or by the authority of such person, and m y sum SO forfeited shall

be in addition to the sum which he may be lawfully adjudged liable

to pay to the Commissioncr for any damage which they may sustain

by reason of their supply of water being clinlinished; and the pay-

ment of the sum so forfeited shall not bar or affect the right of

the Conmissioner to sue such person for the damage so com-

mitted.

cupiers for the time being of lands through or by which such streams ing rights. 17. Pl'otlling hcrein contained shall prevent the owners and oc- Reservation af exiat-

shall flow from using the waters thereof in such nlanncr and to such extent as thcy may have done before the comrnenccrncnt hereof, unless they shall have received compensation in respect of their right of so using such water.

18. The Commissioner shall erect all works which may be neces- A c c o ? m d a t i o n

sary for making good the interruption caused by the exercise of w o ~ k s.

the said powcrs, to the possession or enjol-ment of any lands as to the

constniction of nccorn-

acljoiniag or near the water-works, or otherwise for the accoin~noda- modation worlis to be

tiou of such lands; and if anv difference slnall arise respecting S"tt1ed"

the construction of any such a&ommodation works, or the kind,

or size, or sufficiency thereof, or rcspccting the maintenance thereof,

the same sllall be determined by two Justices in the manner herein-

before provided.

19. If the Commissioncr shall, for fourteen days next after the If Commissioner fail

time appointed by such J usticcs for the beginning of any such per~onsaggriirsdmay to execute such works

accolnmodatiol~ works, fail to begin such works, or having begun perform the same, and charge the e?p:nso to

s ~ ~ c h works, fail diligently to execute the same in a sufficient fie Commissiuner.

manner, the person aggrieved by such failure may execute such works or repairs; and the reasonable expenses thereof shall. on denland, bc -repaid by the Cornmissioncr-to the person by whom the same shall so have been executed; arid if there be any dispute about the amount or nature of such expenses, the same shall be settled by two Justices.

20, The Commissioner, under such superintendence as is herein after specified, may open and brcalr up the soil and pavement of the La.~&g c f p + e ~

d7'aiirs. -"-

sereral roads, streets, and bridges within the necesm-y limits, for the ~ ~ ~ V C. to break l,p

ptI1'l,OSe S C I eetr, 'A?., uwler 8.~1-

S 2

Lay* ? f ~ @ e s purpose of constructing the said undertaking, and of laying down,

and drains. altering, cleansing, repairing, and removing any sewcrs, drains,

perintendeuce, a d t o pipes, conduits, service pipes, and other works and engines, and poen drake. remove and use all earth and materials in and under such streets

and bridges, and do all other acts which the Commissioner shall from time to time deem necessary for carrying out the undertaking, doing as little damage as can be in the execution of the powers hereby granted, and making compensation as hereinbeforc provided for any damage which may be done in execution of such powers.

persons having control, 21. Before the Commissioner opens or breaks up any street or to be servedon

t c. , beforebreaking bridge, he shall give to the persons under whose control or

up street or opening management the same may be, or to their clerk, surveyor, or other

drains. A

officer, notice, in writing, of his intention to open or break up the same, not less than three clear days before beginning such work, except in cases of emergency, arising from defects in any of the sewers, pipes, or other works, and then as soon as is possible after the beginning of the work, or the necessity for the same shall have arisen.

Streets or drainsnct 22. No such street or bridge shall, exccpt in the case of such

to be b~oken up except

under superintendenCO emergency as aforcsaiil, be opened or broken up, except under the

of ~erson8hnvingcon- superintendence of the persons having the control or management trol of the same,

thereof, or of their officer, and according to such plan as shall be approved of by such persons, or their officer; or in case of any difference respecting such plan, then according to such plan as shall be determined by the Surveyor-General, or other conipctent officer, to be appointed by the Governor; and such Surveyor-General or other officer may, on the application of the persons having the control or managcment of any such strcct or bridge, or their officer, require the Commissioner to malic such temporary or other works as they may think necessary for guarding against any interruption of

the drainage during the execution of any works which intcrferc with

If persons, having the any such street or bridge; Provided always, that if the persons having such control or nlanagerncnt, as aforesaid, or their officer

control, &C., fail to

superintend, Cornmig-

fail to attend at the time fixed fbr the opening of any such street,

sioner may perform

the work without

or bridge, after having had such notice of the intention of the

them.

Commissioner, as aforesaid, or shall not propose any phn for

breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Commissioner may perform the work

specified in such notice without the superintcndence of such persons

or their officer.

up, to be r&stated

streets, &c broken 23. When the Commissioner shall opcn or brcak up the road or

without dclay. pavement of any street or bridge, he shall, with all convenient speed. complete the works for which the same shall be broken ip, a i d fill i n the ground, and rcinstate and make good the road or pavement so opened or broken up, and carry away the rubbish occasioned thereby; and shall at all times, whilst any such road or pavement shall be so opened or broken up, cause the same to be fenced and guarded, and shall cause a light, sufficient for the warning of passengers, to be set up and kept thereagainst every

night

night during which such road or pavement shall continue open or Laying	and drains.
broken up.	--

24. If the Commissioner shall open or break up any street or "endty for delayin

bridge, without giving such notice as aforesaid, or if the Commissioner

rcinetating, streets, &c.

make any unnecessary 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 away the rubbish occasioned thereby, or if he shall neglect to cause the place where such road or pavement has becn brokcri up to be fenced, guarded, and lighted, he shall make compcnsation as hereinbefore provided for in clause 15.

25. If any such delay or omission as aforesaid shall take place, Incase of delay, other parties may reinstate

the persons having the control or management of the street or bridge

the ex-

in respect of which such delay or omission shall take c lace, may ponses.

cause to be executed the work so delayed or omitted to be csecuted,

and the expense of executing the same shall be repaid to such per-

sons by the Commissioner, and such expenses may be recovered in

the same way as damages are recoverable under this Act.

26. The Commissioner shall provide and keep, in the pipes to be S z w l y qfwater.

laid down by him, a supply of pure and wholesome water, sufficient A supply of

for the domestic use of the inhabitants of the said City, who, as here- watertobokcptfor	inafter provided, shall be entitled to clemand a supply, and shall be high domestic purposes at
liable to pay water-rate for the same; and such supply shall be con- stantly laid on, unless prevented by drought or other unavoidable accident, or during necessary repairs.

27. In all the pipes to which any firc-plug shall bc fixed, the f ~; [ \; ; ~ l ~ ~ ~ ~ be

Commissioner shall provide and keep constantly laid on, unless pre- scmcrs, bains, &C.,	...
vented as aforesaid, or during necessary repairs, a sufFicicnt supply of ;:$;:therpublio
water for the fbllowing purposes, that is to say-for cleansing the
sewers and drains, for cleansing and watering the streets, and for
supplying any public baths or washhouses that may be established
for the free use of the inhabitants, or paid for out of any rates levied
within the said City; and such supply shall be provided at such rates, in

such quantities, and upon such terms and conditions as may be fixed il

upon by the C:ommissioner and the Municipal or other proper

Authorities and parties concerned.

28. The Commissioner, at the request of the Municipal or other fie-pzugs.

proper Authorities or parties concerned, shall upon the laying of the

main or other pipes belonging thereto, fix proper fire-plugs at such pllblic firc-plugsin thO Commissioner to affix

places as may be most proper and conver~ient for the supply of water mains.

for extinguishing any fire which may break out within the limits of

the said City,

29. The Commissioner shall from time to time renew and keep pair C~mmissioner fie-plugs, to nnd re-

in effective order every such firc-plug; and as soon as any such d epo~it

keys thereof at

fire-plug is completed, shall deposit a key thereof at each place, enghe*hOusesj &C.

within the limits of the said City, where any fire-engine is kept, and in

Fire-ptugs.	such other places as may be appointed by the Municipal or other proper Authorities, and shall put up a public notice in some con- spicuous place in each street in which such fire-plug is situated, showing its situation, which notice tl1.e Coinmissioricr may put up on any housc or building in such strcct.
Fire-plugstobe~laced

near manufdctoriea at 30. The Commissioner shall, at the request and expense of the

rcquest,&c.,ofowners. owner or occupier of any work or manufdctory, situatcd in any strcct

in which water shall have becn laid on by the Commissioner, place and maintain in effective order a fire-plug (to be used only for ex- tinguishing fires), as near as conveniently may be to such work or manufactory.

Pipes to be kept

charged, and water	31. The Coinlnissioner shall at all times keep charged with water usual drought, or other unsvoiclablc cause or accident, or cluring the necessary works or repairs; and shall allow all persons at all times to take and use such water fur extinguishing fire, without making cornpcnsation for the same.
takcn to extinguish	all pipcs to which fire-plugs shall be fixed, unloss prevented by un-
fires without charge.

Penalty for refusing 32, If, except when prevented as aforesaid, the Commissioner

to h, &C., fire-plugs,

or occasionalfai~ureof neglect or refuse to fix, maintain, or repair such fire-plugs, or to supply of water. furnish to the hlunicipal or other uroner Authorities a sufficient sun-

ply of water for the p;blic afGresaid, upon such terms as sli&l have been agreed on, or settled as aforesaid; or if, except as afore- said, he neglect to keep his pipcs charged under such scrvice as aforesaid, or neglect or refuse to furnish to any owner or occupier entitled to receive a supply of water, during any part of the time for which the rates for such sul~ply have been paid or tcnclcred, he shall be liable to a penalty not exceeding Ten Pounds, and shall also forfeit to cvcry pcrson having paid or tendered the ]-ate, the sum of Forty Shilliilgs for every day during which such refilsal or neglect shall continue after notice in writing shall have bccn given to the Comrnissionc-r of thc want of supply.

P+es to be laid by: 33. The Commissioner shall, upon the request of the owner or

the Comn'iasioner. occupier of any dwelling-house or tenement, in any street, lane, alley,
Commissioner to lay	or other place in which pipes shall have been laid down by them,
pipes on request of	and upon payment or teuder of the cost of laying down such pipes
occupier or owner.	and other works as are hercinaftcr referred to, lay dovn commumi- - "
cation-pipes and other necessary works for the supply of such Souse with water for domestic or other purposes, and shall keep the same in repair, and thereupon the occupier of such house shall be entitled to have a sufficient supply of water for his domestic purposes from the Commissioner.

Penalty on Com-

misaioner for refusal 31. If, upon such request and consent, and upon tender of pay-

to lay communication ment of such cost of laying down, as aforesaid, the Commissioner,

pipes, for a reasonable time, neglect or refuse to lay down such communi-

cation-pipes or other works, he shall be liable to forfeit to the

person so making such request the sum of Five Pounds, and a further

sum

request and tender as aforesaid.

35. Every pcrson supplied with vater shall keep such part of the P~-otect ;m of

communication-pipe ancl tho stop-cocks, drains, and other works, as U'a'".

shall be within his own premises in good repair, SO as effectually t o ~erbons keep works using water is

to prevent the water from running to woste or the collectioil of un- ,eyait

wlioleso~ilc matter; and in case any person shall neglect to kccp the

satnc in good repair, the Conimissioner may cut off the p i p, or turn Penalty for nrglcct.

off thc water from the premiscs of such pcrson, until such stop-cock

s l d l bc provicled or repaired, as the case may require.

36. Every person supplied with water by the Commissioncr, who ~ ~ l $ c . ~ ~ ~ { ~ ~ f

shall suffcr any such pipe or stopcock to be out of repair, so that the repair.

watcr suppliccl to him by the Comrriissioncr shall be wasted, shall

forfeit to the Commissioncr, for every such offence, n sum not ex-

cecding Five Pounds.

3'7. The Commissioner nmy repair any such pipe, stop-cork, or $ ~ ~ ~ $ ~ ~ ~ y

othcr work, so as to prevent any such waste of water, and the cx- 1wr1scsof S I ~ C I ~ rq)air ~ h i ~ l l be repaid to them by the pcrson so allo~ving the same to he ont of repair, and may be rccovcred as clamagcs.

88. 'I'hcl surreyor, or any othcr. person acting under the anthority Powcr to surveyor

of the Commissioner, may, between the hours of eight of the clock emp'"ycd SIOIIIX to mtw byComn'ic- ~ O W C

in the forenoon ancl six of tllc clock in the afternoon, enter into any to inspect, &c.

horrsc: or l~renliws supplied with water by virtue of this Act, in

order to examine if tElcrc. be any waste or misuse of such water;

arid if such surveyor or other person at any such timc bc refused

admittancc into snch dwelling-house or premises for the gurposcs

aforesaid, or be pueventcd froin making such examination as afore-

said, the C1ornuiisi;ioner inay stop off thc watcr supplied by them

from such housc or othcr lmmises.

Pcnalty for allo~ring

39. Every owner or occupier of any trncmcnt suppliccl with watcr under this Act, who shall supply to any other person, or wilfully permit him to take any such water from any pipe in such tenenzeilt, l~nlcss for the purpose of cxtinguishing any fire, or unlrss he be a pcrson supplied with water by the Commissioner, and the pipes belonging to him bc out of repair, shall forfeit to the Commis- sioner, for every such offence, a sun1 not exceeding Five Pouncls. ,O ,,, ,,,,,

40. Every person 127110, not 1 ~ ~ v i n g agreed to be supl31ied with Pen~lty f i ~ tJ%

water by the Commissioner, shall tttlte any water from any reservoir,	water without agree-
watercourse, pipe, or conduit, belonging to the Commissioner, or from any cistern or other like place containing water belonging to the Commissioner, other than such ss may have been provided for

the gmtuitous use of the p~~b l i c, s l d fbrfeit to the C'ornn~issioner,

for CT'cry such offence, a sum not exceeding Ten Pounds.

T 2 41. Every

firotochw of

rcla ter. or open any lock, cock, valve, pipc, wwk, or crrginc belonging to 4 l. Every person who shall wilfdlv or carelessly break, ilij ure,

Penalty for destroying the Commissioner, or shall flush or draw off the a at er from the

~n lre s, &C.

reservoirs, or other works of the Commissioner, or shall do m y other wilful act whereby such water shall be wasted, shall forfeit to the Commissioner, for every such offence, a sum not esceeding Five Pounds, besides the amount of damage to which the C'orrimissioner may be put in respect thercof.

f i y l i ? ~ ~ the 2uate~. 42. Every person who shall conlniit any of the offen~es next

- - -

Pcndtietl for fullling hereinafter enumerated, shall, for every such oifence, forfeit to the

qnter. Commissioner a sum not exceeding Five Pounds, that is to say-

Every pwson who ~ l d l bathe in any stream, reservoir, aqw-

(luct, or other water-works bclon~ing to thc Commissioner, or any waters supplying or flowng into the same, or any part thereof, or wash, throw, or cause to twtt>r therciu ally dog or other ariiinnl:

Every person who shall throw any rl~bbisll, (lust, filth, or other

noisomc thing into any such stream, l+escrvoir, aqueduct, or other water-works, or any waters supplying or flowing into the same, or any part thereof, as aforesaid, or nahh or cleanse therein any lead or othcr niilicrnl, or any cloth, wool, leather, or skin of any animal, or any othcr thing:

Every person who s 1 d C ~ U S C the w t t t~ r of any sink, s ~ w e r,

o r chain, steam-enginc, boiler, or otlier filth^ water belonging to him or under his control, to run or be brought into any stream, reservoir, aqueduct, or otllcr water-works belonging to thc C'onl~~~issioner. or any v atcrs supplying or flowing into the same, or any part themof',

or shall do any act whereby the supply of nxter to the

citizens shall be fouled.

And ewry snch person slid1 fo~fcit a, furthcr sum of T n m ~ t y

Shillings for each day, if morc than one, that such last-mcntionetl

offeacc shall be continued.

Dmin u p. 43. I t shall be l a w f ~ ~ l for the Comnlissioncr, out of the moneys

--p - -

Conlmissioncr to pro- which may accrue to him, undcr the provisions of illis Act, after

secutc* d~ainngc o f the

Citywith	paymil t and satisfwtiun of all expenses of constmrtion, managc-
bitlama uf rates.	nient, and maintenance of the said works, and of a11 liabilities 011 account of interest, or o t l m charges in respect thereof, and not bcforc, to csccutc from time to time such works for the drainage of the City of Adelaicle. as inay be appromd by the Govcrnor in Council,
on plans :mcl cstirriates to be fi~rriished him by thc Commissioner.

Ilates. -- -- 41, I t shall be lawful for the Cornmissioner, and he is hereby authorized to make and levy rates, according to the Schedule of ratcs

ralcs, and vary masked A to this Act annexed, on all lands t~ i th in the said City

thc samc with the

concurrcncc ofthe	inclucied in the City assessment made by the hfunicipd Authorities,
Govcrumcut.	and with the concurrence of the Governor, by a i d n ith the advice

and

and consent of the Executive Council of the said Pro~iilce, to vary Rates.

such rates, the annual value of the said land to be deemed, for the purposes of this Act. thc same as is stated in such City assessment for the time being: Provided that if there shall be no assessment for the time being for such of the said lands, as are liable to rates, on their assesse l value, i t shall be lawful for the said Commissioner to cause the same to be asscsscd according to the true annual value thereof, subjecl, to appeal to the Local Court, holden before a Special Magistrate and. two J usticcs of the Pcacc, within the said City.

Rates payable by tho

45. The said rates shall in all cases be payable by the occupier

of the lands upon or in respect of which the samc are imposed,

cxcept as llcreinsftcr pro~~icled.

uccupicr.

Rates pa able by

TTThcn lancls or tenemeilts are unoccupied, or when the annual value of the lands or tenernelm shall not exceed the sum of' Twenty	owner wIen tene-
ments, &C., unoccu-
pied, or annual value
sterling, the owners of thc same shall be liable for the pay- ment of the water-rate instead of the occupier, and the powers and	is under twenty
pounds.
provisioils hcrciilafter contained for the recovery of rates from occupicm, sllall bc: construed to apply to the owners of such lands or tenements, or thc pcrson rccciving the rcnt of any such lands or teneinents froin the occupier thereof on his own account, or the agent or receirer for ;my p e r ~ x ' ~ intcrcstetl thcrciii, shall be clccrncd the owner of such lands or tencmmts: l'rovidcd, ncverthcless, that the rate mav be recovered in the first instance from the occapier, who sllxll, i n ' t l ~ t cnsc, bc entitled, in the absence of any agreement to the contrary, to tlctluct tllc nnlount thereof from any rent payable by him, or otherwise to rc.cover the samc as for money paid for the use of

46.

~.uch owiier.

45. I t shall bc lawf1d for the said Chmnzissioner to impose an	impose additional
Con~missioner may

aclditioilal rate upon any lands to ~vhich water may be supppliecl rntcs on factories, &c.

under the provisions I~ercof, for the purposes of trading or inanu- ficture, or for any othcr than clorllestic purposes; and such ad- ditional ratc shall be proportioned to thc quantity of water which

~ n u y be required to bc	sul)pliccl to s ~ ~ c l l	lands for the purposes
aforesnitl.

48. When several houses, or parts of houses, in the separate occupation of several persons, are supplied by one common pipe,

When severnl housts

supplied by one pipe,

each to pay.

the several o~\~ners or occupiers of such houses, or parts of houses, shall be liable to the payment of the same water-rate as they would

have been liable to if each of such several houses, or parts of honses

had been supplied with water from the works of the Commissioner

by a separate pipc.

49. The Commissioner shall cause notice to be publishccl in Notice of intention to lap down a main to be

two consccutivc nuinbcrs of the South Australian Gove~nment	publi5he,, in Gasettea
Gazette, and in one or more of the newspapers publislled in Ade- laide, of his intention to lay down a main in any street or streets of
the said City, in order that those persons who may desire to avail

themselves

Rntes. themselves of the occasion to have servicc-pil)es p i t on may do so;

- " - -

and hc shall also cansc-t notice to be publishcc1 in like manner when the mains shall have been laid, or stand-cocks shall have beeu erected, as the case may be, ailcl the water be ready for distribution.

Rntcs pqablc in

advance in equal 50. The rates herein authorized to be imposed shall be paid in

half-ycarly w m ' n t s

advance in equal ldf-yearly payments, the first payment to be made on the expiration of sevcn days from the clate of thc last notice referred to in the preceding clause, and whether the persons liablc fbr the same shall have provided service-pipes or not; and in case of nonpayment thereof, by any pcrson liable to pay t l ~ c sarnc for seven clays after the same shall be payable, the Commissioner shall be, imd hc is hercby empowered to order warrants in the form of the Scheclulc marked 13 to this Act annexed, to be issued, from timc to time, to some constal~le,

or other person, named therein, to levy the same by distress arid sale of the goods and chattels, wheresoever situatc, of the person liable to pay siwh rate, or of other thc goods and chattels to bc found upon the premises in respect of which such ratc shall be pq-able, and in the event: of no sufficient goods and chattels of such occnpkr lwiiig found on the premises to satisfl such distress, thcn the owner of the premises, or his agent, if the owner be rtbsciit from the ('olony,

shall bc lialde, and the rate or charw may be rcco~ered fwnl llim h.

by action in any Court of competent jnrisdiction: Pror idd, that if any tenant be called upon to pay and shall pay a greater amount of such ratc or charge than is clue for the period of his occulmncy, it s l d l

he lawful for him to recover the same, after clemand from swh ouTiicr,

or agent, by any action, as for money paid to such o\vat.r's nsc, in

m y Court of corripctent jnrisdic tion.

ing leases to repsy tllc

Trnantgontlrr cxist- 51. When any owner shall pay any such supply watcr-rate in

of any such dwelling-housc, or part of a d~velliilg-llonscl,

O \ V U ~ P.

\!hicl1 shall be in the occuyat,ion of any tcilaut ~ulclcr any lease o r agreement made prior to the commenceillent of this Act, such tcnant shall repay to the omiicr d 1 suil~s wllicll shall bc so paid l)y

him during the continnance of such lease, unless it has been ngwcci	that the owner shall pay the water-rates in rcspcct of such dwelling-
house, or part of a, d~velling-house ; and evcrp such snnl of inoncy
payable by the tcnant to the owner undcr the prorisiw~s herciiibeforc?
contained, may be reco~ercd, if the same be not paid upon clemancl, as arrears of rent could be recovered froin the occupicr by tlrc said owncr.

Tenants undcr a lease	52. When any occupier under a lease for a lesc; period unexpired caused service-pipes to be laid on to the premises in his occupatioii, one half of the cost of such servicc-pipes shall be payable by the landlord; ancl such tenant shall be at liberty to deduct such propor- tion of such cost from any rent that may be then due, or tliereaficr to become due; or he may recover the same 2s mmey paid to the " use of the said landlord.
for less than five
years to pay half the	than five years, without right of purchase or of renewal, shall have
cost of service-~~ipes.

--

warrant under his hand, to aathorise the Trcasorcr to sdr-mce an& ,-,,~mm~l~~ya,~,_cc

pay to thc said Commissioner, for the purposes of this Act, any sums moneys to bc rcpaid.

of money not cscccdirlg in the whole thc sum af Two Hnndrcd ~ h o u e a n ~ I.'ouncls, inc1"~1clin~ any sums hcrctofore advancecl and paid luider thc authoiity of thc said Act, KO, 28 of 1855-6; and any sums of money so advanccd and paid shall be retained by the 'I'reasul-el: out of any moneys raised by him uuclcr authority of the last-incntioncd Act.

~ o c c c d s of ram

54. -211 moneys reccirccl by the Commissioner, for or on m- to be paid to Tretr-

count of the rates herein anthorized to be imposed, after clcciucting ,,,,,

the ileccssnvy costs and cllarges of and attenllirlg the collectioii of

the same, ailcl also of the ~nuintrn;nwc of the ~ i ~ i ( 1 ~m~lcrtaking, imd

of keeping up the supplv of wa te~, shall h paid by the said Com-

mis~ioncr to the ~ r c n s u k r, who d d l pay off snch amount of cixpital and interest in respect of the nlolruys r a i s d for the purposes of the said un~lrrtaking,~ as mnJi from time to time fa11 dnc, and all bitlmces, if any, rcniurning aftcr such periodical paymcnts of capital nncl interest shall, with the concurrence of the Governor, with such advice and consent as aforesitid, be returned to the Commissioner, to be expended by him in. prosecuting the drainage of the said City.

55. So soon as the mholc of t l ~ c prineipd and interest of the I;;~,,,,,;,~~,-

money so to be raised as af;~rcs;Gd shall have bccn paid by means visions. -

of tlie r i l t ~ ~ so llrreby authorized to bc imposed, the said under- otloan,

taking, and the powers allcl clutics hereby collfcrrcrl and i ~ n ~ o s c d, u~ldcr tah iu ,~ to vest in

Autlmit~os, the Executive Council, at any time after the coilstruction of the s;;.iti unclertttking is completed, to appoint the Rlunicipal A~t~lioaitics as aforesaid to be Commissioners for the purposcs of this Act, anrl sudr appointment from time to time to revoke.

slldl thenceforth vest ill the hh~nicipul Authorities for the said City: City

56. The C'ommissioner, or any pcrson h a ~ i n g an order for t l m Ri~ht3cEi11spcct in~ City n:scssm:nts.

purpose n n d ~ r his hand, may iilspect any city rntc maclc or to

be made for the said City, a i d the assessment book and c,tlm documents relating tl~ercto, a i d may take copies or extl-acts from the samc without payment of' any fee or rcmarcl; and if any pcrmn llaving the custocly of any such rntr, assessnicilt bonlr, or other document, shall \rilfihly neglect or rrfufic to permit tllc Cum- missioner, or such other pei.son as aforesaid, to inspect the same, or to titlie copies OS extracts fiom the snrnc within two days after a demailcl in writing, or such order shall have been produced and shown to him, or a copy tlwreof left at his usual place of nbotlc, such offencler shall, on conviction thereof, forfeit ancl pay for every such

offence a penalty not exceeding the s~um of Ten Pounds.

57. The Cummissioncr shdl, from time to time, nominate m e or ~ ~; ~; $; ; ~ ~ ~ r s

more persons as assessors or collectors for assessing and levying the and col~ectors.

said rates respectivcly,who shall procccd in the same manner, and shall

have the same powcrs, remedies, ancl privileges, and shall be sul!jcct

\' 2 to

to the same regulations and pensltics, with ~-ef'crenc:e to thc asscssii~g

and levying of such rates, as if they were assessors or collectors ap- pointed by the Municipal Authorities for collecting the city rates, and shall pay over the amoimt of such rate to the Uommissioncr, or to any person authorized by him, or, in default tllereof, shall be proceeded against in the ssmc uianner as such assessors or collectors, by any Act now or hereafter to be in force, are to be proceeded against for non-payment.

Collectors may sue.

58. It shall be lawful for any Collector, to be appointed by the Commissioner, to sue fbr, recover, and reccivc of and from the person thereto liable, any rate, assessment, or othcr moneys payable under the provisions of this Act, before any Court of

competent jurisdiction; and for thc purposes of any action, s ~ ~ i t,

or other proceedings, such rntc, assessment, or moneys, sllall be

deemed to be due and payable to such Collector.

Accounh ?f Be- 59. The Commissioner shall, in each year, cause an account in

ce+t and Expendi- abstract to be prepared of ihc whole reccipt and expcnditurc of all

ture. moneys advancccl to him, and of all rates or other rnoneys l c ~ i c d

Anuual nccount to llc undcr the powers of this Act, for the year prcccding, under the made ~ioners, and by published Commis* scveral distinct heads of rcccipt and cspcnditnre, with a statement

in Gazette.	of the balance of such accomlt, duly audited and ccrtificd by thc
Auditor-General; and a copy of such accollnt shall, on or before the thirty-first day of December in each year f'ollowing, bc pnblishccl
in the South Australia?a Governnzent Gnxette,

Bccove7y of Da- 60. In all cases where any damages, costs, or expenses arc by

m a p s nr~d Penal-

ties.	this Act directed to bc paid, and the method of ascertaining the
Provision for damages

L-

amount or enforcing the payment thereof is not provided for, such

aot othsrwiuc pro-

arnount, in case of dispute, shall bc ascertained and determined ard

vided for.

1850, No. 6.

recovered in a sunllriary waj- by and before two Justices of tlic

Peace for the said Province.

Appropriation of

61. All fines, penalties, and arrears of money, levied or recovered

moneys.

be paid to the Treasurer, to be by him carried to the credit of the under this Act, shall, so far as not other~visc specially appropriated, said Commissioner for the purposes of this Act.

T c ~ d e r of mncnds 62. If any person sliall have comrnittcd m y irregularity, trespass,

a~xdprotection of

Persotzs.	or other wrongful procecding in csccution of this Act, or by virtue
- -
Tender of amends.	of any power or authority hereby given, and if, before action brought in rcspect thereof, such person make tender of sufficient arnends to the person injured, such last-mentioned pcrson shall not recover in any such action; and if no such tender have been made, the defendant may, by 1ea-c.e of the Court mhere such action is pending, at any time before issue joined, pay into Cowt such mm of money as he thinks fit, and thereupon such yroceedings shall be had as in othcr cases where defendants arc allomecl to pay nioney into Court.

6.7. All actions and prosecutions to be coinlnenccd against ally person for anything dolie in pnrsuancc. of thib h t sliall be conl~nenced

within six calcnclu nlontl~s after the fact was committed, and not

As to prorcrtlings

otllerwise, and notice in writing of such action, and thc cause thereof;	against persons acting
shall bc givcn to the clefendant one calendar month at least before	ui~drr this Act.
the coinmenccmc~nt of such action; and in any such action the	Notice of action.
defendant may plead the gcncrnl issue, and give this Act and the spec:ial matter iu evidciicc at any trial thcrcupon; and no plaintiff shall recover in any such action if tender of sufficient anlends shall
have been made bt&re mch action brought, or if a sufficient sum of
money shall have br.en paid into Conrt after such action brought by or on behalf of the defcmdant, together with the costs incurred up to
that time; and if' a verdict shall pass for the defendant, or the

joined, or if upon demurrer, or otherwise, judgment shall be givcn against plaintiff.	~dnintiff become nonsuircd, or discontinue any such action ou issuc If jndgnlcnt be
against the plaintiff, the defendant sllall recover his full costs as between attorney aid clicnt, am1 have tllc likc remedy for thc same ns any ciefcnditut hath by law in otller cases, ancl though a verdict
d ~ d l he given for the plaintiff in any soch action, such plaintiff shd l
not haw costs against the defendant, unless the Judge before whoin the trial shall bc, shall certify his approbation of thc action, and of thc verdict obtained thereulwn.

64.	T]~is	Act shall take effkct fioln the passing thereof:	Comnicnccment of
Act.

SGIIIEI)ULES REFElt 11EI) TO,

SCALE O F RATES. A

CLASS I.

Bi~iZdi~tgs m t r d nccordiq to tlre ntcmlrer qf !frooms (tz9er.y ayodnrent hnci~y a door n d

t o i ~ u l o ~ l ~, nnd nra area of thirty superjciul feet. to be accounted n room).

ITouses occuyicd as private dwellings or ofices, for bnsincss purposes (including the ont-buildings, not being stables or stockyards, attclched thereto respectively), containing-

Xot osceecihg 2 rooms, to be iafrd at 30s. per annwn

b i $ 6 i r 50s. " "

4

6 ' L 1 ' L

G 70s. " "

L 6 C L L'

R 90s. "

L b 'L 'C

PO 110s. =' "

Escccding EQ L $ 130s. " "

I-Iotcls, inns, lodging and eating-hons~s (ilwludi:~g the out-buildings, not being

stables or stockyards, attached thereto raspcctively), to be rntctl at clcuble the amount

of p r i ~ ate cl\velling-lrouses.

CT,,fSS 11.

Skcbles a~zd StocJqarrZs.

Livery and other stables, with &alb (including row11 Iwnws and sheds for

vchiclca attached thereto) to be rated, subject as bclon tumtioiwil, at s i~pe twe per

stall per wet~k,.pro\idcd that where tlic stalls are nul~:erouq, axi not in consla:lb

use, the Aclelalde Water-works Commi&oner may make any reasonable abnten~e~lt.

Open slied and stoclryards for horses or cattle, and stablcs in rmpcct of mhith any difficulty shall alisc as to the intcrpretati~n of what is a stall. or in ascertaining tlie number of stalls, to be ratcd a t sispcnce per head per week, 011 an averagc of the numbcr of horses or cattlc usuallypul to stand therein, to Le asceltained b y a declara- ti011 in nriting by the person liable to the late, ~ h o s h d l beccme bound-in .$l00 for

tlic t r u h of :uch declaration, or in default of such bond bcing g i ~ c n, then on the

nunlber of horscs or uattlc that the same will cwntain.

C1,.1SS 111.

lluildi>tys and other p ~ w p r v t y r(rte(? (it t~pr t* rrufn!/r 011 fhr r i 7 ~ ~ t t i c 1 Z r a h.

Stores, shops, b;lnlis, ant1 othr~r uncnumcriltctl bniltlii~g': not inc l~~c le~ l in the two

first claasw, :m11 to which uater is nut laid on, and also all -rac,int houses and lands,

to be rated a t 22 10s. per animm, on cvcry $100 of thcir amlu,~l rnliie.

CLASS IT.

H W ' / ( ~; I Z ~ S ratet1 p r t l y C G C C O J Y ~ ~ I I ~ to C%SS I. C O ~~c i s f ly ~ cmor.:i;~lg fo Cluss 111.

Stores, shops, banlcs, arid other unenumeratcrl l~uililings, i i3t i~lcluded in the two

first classes, and to \vhicl~ nater is laid 011, to be rated at an annual sum made up a s

follo~vs,

\{ere private clwlling-houses, in addition to thc hum of' ;E2 10s. per annum, on c-icry

that is to say, the anlount of late which t l i ~ same would be liablc to if they

X100 of their annnal value.

.- -

B

\VAltlt,lNT O F DISrl'R13S S.

('if!/ of,Itlelnicle, ' To the Sapcrintenclent df the Police of the D i s t ~ i ~ t, ancl

to reit. 1 his nssistauts.

PVhcreas, of Adclaide, on thc d'ty of last,

bccarne liable to pay to the Adelaide ?Yatcrworks Cornmissioner the sum of

, being the a~nount due for water-rates, unclcr the iSdelaide Waterworks

Act 1859, in respect of his occupation of a certaill house cr t ~ n c m c n t (as thc casc may

be), situated in street, Adelaide, and such amount is still unpaid:

These arc, therefore, to require and authorize J on forthv it11 to ler y the said sum of

, together with the costs of thesc p resc~~ t s, and all other expenses,

by distlcss and sale of the goods and chattels, \rhcrcsoercr situate, of the said

, or of other the goocls and chattels found by you in or

n~10n the said (house or tenement), according to lam; ancl that you certify to mc

on the day of \that you hhnll do by virtue of this warrant.

Given u~lder my hand this day of 1858.

Conimissioner.

----U - p -

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+ - .- -. -- -- - - - - - - - -

Adclnidc : l'rintcd bp adbo~i ty by W, C', Cos,