Waterworks Act 1868 (SA)

ANNO TRICESIMO SECUNDO

VICTORIE REGINB:

No. 15.

An Act to authorize and provide for the construciion of an Additional

Beservoir nnd other Works for the purpose of procuring

a fiwther Supply of Water for the Adelaide Waterworks.

[Assented to, 30th January, 1869.1

4REAS it is expedient to authorize and provide for the Preamble,

for the purpose of procuring a further upp ply of water for the W"" construction of nu additional reservoir and other works

Adelaide Waterworks; and whereas plans and sections showing the source of supply, and the reservoir and works connected therewith, and the direction of the main and branch pipes, and the strects and grounds through which they are to be laid, and also books of refe- rence containing the names of the owners or occupiers, or reputed owners or occupiers (so far as known) of any private lauds on wl~ich

X

the same works will be made, or through wliicli the same will pass, have been deposited in the office of the Surveyor-General at Adelaide-Be it therefore Enacted by the Governor of the Province of South Australia, with the a8dvice and consent of the L!gislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. This Act may be cited for all purposes as the "Waterworks Short title,

Act, 1868."

2. This Act and "The Adclaidc Waterworks Ad, 1863," &a11 Incorporation.

be incorporated and read together as forming one Act.

3. In the construction of this Act and of the said The Adelaide Inte~retatioh

Waterworks

32" VICTORTB, KO. 15.

Waterworks Act.-l 861-9.

Waterworks Act, 1863," when not inconsistent with the context the expression, The undertaking," shall, in addition to the meaning as- signed thereto by the said L L T l ~ e Adelaide Waterworks Act, 1863," be taken to mean and include t11e reservoir and works connected there- with hereby authorized to be constructed; and the expression, Lands and streams," shall, in addition to the meaning assigned thereto by the said dct, be held to mean and include the lands and streams of water hereby authorized to be taken or used for the purposes hereof; and whenever in the said Act the expression, "The Waterworks," is used, the same shall also be taken to mean and include the reservoir and works connected ~herewitll hereby authorized to be constructed.

Treasurer to raise

s7i5,ooo. 4, It shall be lawful for the Treasurer, for the time being, of the said Province, from time to time, to issue bonds, not exceeding in thk whole the sum of Seventy-five Thousand Pounds, for such amounts as he n ~ a y deem expedient, and such bonds shall be in the form following, that is to say-

No. £ No. £

Adelaide Waterworks Extension Bond.

1, Treasurer of the Province of South Aus-

tralia, in consideration of the sum of Pounds paid to me for the purposes of the Adelaide Waterworks Extension, 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 cent. per annum; such interest to. bc payable on the first day of January and the first dry of July in every year, and the principal to he paid on the first day

of, in the year one thousand eight hundred

and

Sealed with my seal. Dated thc day of

one thousand eight hundred and Signed, sealed, and delivered, in

the presence of

NOTE.--Interest, payable at the Treasury in Adelaide, South Austmlia, or [in London or in any otllcr agreed placeJ a t such place as may be appointed, by notice to he given

in the btjuth Australian G'oct'rnment Guzette k n d in the

London Gazette].

Principal payable a t the Treasury, in Adelaide, or, at

the option of the holder [in Loudon or other agreed place],

if six months' notice of desire to that effect be given to the

Treasurer in South Australia,

Bonds to b~ririntercst	5. The said bonds shall bear interest at the rate of Six Pounds per centurn per annum, and the interest arid principal upon such bonds shall be payable and paid to the holder thereof, at such place
at six per cent.
When pay able.	and time as may be specilfied or pro~ided therein: Provided that the principal shall not be payable or paid before the expiration of twenty years, aud the time appointed for payment thereof shall not extend beyond forty-five years. 6. The

32" VICTORIB, No. 15,

Waterworks Act.-1868-9.

Bonds to be sold for

6. The Treasurer shall cause every bond issued under this Act to best price obtainable,

be sold for the best price, not being below par, that can be obtaiued not being below par.

for t4he same.

7. All sums of money raise3 and received by the Treasurer upon the security of the said bonds shall be carried by the said Treasurer	Moneye raised by
bonds, how applied.
to the credit of the Commissioner, for the construction, completion,
and management of the said additional reservoir and other works connected therewith, according to the said plans and sections so deposited in the office of the Surveyor-General, as aforesaid, and shall be by him paid to the said Commissioner, in sucli amount and manner as the Goyernor, by any warrant under his hand, may from time to time authorize and direct.

8. The said Treasurer sh l l, and he is hereby required, in each s , to be ,,t apart

and every year from the first raisivg of any sums of money under annually fur 11ayment of principal and in-

the authority hereof, until the whole of the amounts so raised, and terest.

all interest ibereon, &all have been duly paid, to set apart such sun1

as shall suffice to pay tlic amount of bonds redeemable during such

year, together with interest upon a11 bonds which shall then bear

interest; and shall apply such sums in payment of such bonds and

interest as aforesaid, in manner specified in such bonds.

9. Tke Governor may, from time to time, by warrant under his c,,,or ,a.

hand, authorize the Treasurer to advance and pay to the said ~auco moneys t o be

repaid.

Con~missioner, for the purposes of this Act, any sums of money not exceeding in the wholc the sum herein authorized to be raised; and any sums of money so advanced and paid shall be retained by the Treasurer out of any moneys raised by hiiv under authority hereof.

10. If any omission, misstatement, or wrong description shall E r r o r ~ ~ ~ d o m i a a i o o a

have been made of any lands or streams, or of the owners, or iaplflnsg &"vrnay he uorrected by Justices,

occupiers of any lands or streams described ill the plans or books of &C., who shall celtifp

rcfeqence depdsitetl as aforesaid, the Comruissioher, after giving the	ten days' notice to the owncrs and occupiers of the lands and	streanls affected by such proposed correction, may apply to two
Justices for the correction thereof; and if it shall appear to such Justices that sucll onlission, misstatement, or wrong description arose from mistake, they shall certify the same accordingly, and shall in
B U C ~ certificate state the particulars of any such omission, mis-
statement or wrong &scription; and such certificate, with t h i other ceaiflcates, documents to which it relates, shall be deposited with the other docu- ments to which they relate, in the office of the Surveyor-General, and thereupon such plan, or book of reference, shall be deemed to be corrected according to such certificate; and the Commissioner may make the works in accordance with such certificate, as if such omission, misstatement, or wrong description had not been mde.

11. The said Surveyor-General shall keep the said plans, and Suneyor-Geoeral to

sections, and books of reference, and all other documents deposited receive plans of alterations, &C., and

with him for the purposes of this Act, and shall allow all persons auowin~peetion,

interested

70 32" VICTORIB, No. 15.

Waterworks . A c t 1 868-9.

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

copies and extracts of and from the same.

Copies of plans and

alteration^, &C., to be

12. Copies of the said plans, and sections, and books of reference, or of any alteration or correction thereof, or of any other suck documents as aforesaid, or extracts therefrom, certified by the Sur- veyor- Geoeral, which certificate such Surveyor -General shall give to all parties interestez, when required, shall be received in all Courts or elsewhere in the said Province as evidence of the contents thereof.

evidence.

made up by Comrnis- 13, The Commissioner shall in each year cause an account in	Annual account to be
sioner and pbliahed abstract to be prepared of the whole receipt and expenditure of all
in Garette. moneys advanced to him, for the year preceding, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified by the Auditor- General; and a copy of such account shall, on or before the thirty- first day of December, in each year following, be published in the

Government Gazette.

%'aterworks not to

teBt in City till pay- 14. Notwithstanding anything in clause 73 of the said " The

merit or 863,600, in Adelaide Waterworks Act, 1868," contained, the said undertaking

addition t o the sum of therein mentioned, shall not vest in the Municipal authorities of the

8200,000, prescribed

by the Adelaide	City of Adelaide until, in addition to thc sun1 of Two Hundred
waterworks*ctj	1863.	Thousand Pounds, in such clause mentioned, and the interest thereon, the further sum of Fifty-three Thousand Five Hundred Pounds, together with interest thercon, shall have been paid by means of the rates by the said Act authorized; but as soon as such several sums of Two IIundred Thousand Pounds and Fifty- three Thoiwand Five Hundred Pounds, together with interest thereon, shall have been paid by nieaiz~ of the mtes by such Act authorized, the said undertaking thereby authorized, and the under- taking by this Act authorized to be constructed, shall vest in the said Municipal authorities as in the said clause is mcntioned.

port Adelaide water- 15. Notwithstanding anything in clause 9 of " The Port Adelaide

Municipal autboritics Waterworks Act, 1883,"" contained, the said undertaking therein in

of Town till payment mentioned shall not vest in the Bfunicipd authorities of the Town

of &21,500, i n addi-

tionto sums prescribed of Port Adelaide until, in addition to the sums in such clause men-

by the port Adelaide tioned, and the interest thereon, the further sum of Twenty-one Waterworks, 1863, Thousand Five Hundred Pounds, together with the interest thereon,

shall have been paid by means of the rates by the said Act authorized.

Proportionatecharges, 16. If the said reservoir and other works cost more or less than

Adelaide.	the sum of Seventy-five Thousand Pounds, then the sums of Fifty-
three Thousand Five Hundred Pounds, and Twenty-one Thousand
Five Hundred Pounds respectively shall be proportionately in- creased or reduced.

In the name and on behalf of the Queen I hereby aseent to

this Act.

F. G. HAMLEY, Governor,

Adelaide : By authority, W. C. Cox, Qovemment Printer,