every Clause and Provision in the said , Oxdinanoe,

O&!DIXA\rCE enacted hy t7~5 Governor of Soath Australia, mith the ado&

and consent of the Legislative Council thereof.

To amend ^{a d} continrre cm Ordinance No.

15

of 1846, nuthorising the Levying of an Assessment in aid

of

^the fipense Repairing the Streets within the City ^of Adelaide.

[241h ..&gust, l 847.1

HEREAS

an Ordiiiance was passed on the Thirtieth day of PrerrnLie,

Septembel; One thousand eight hunched and forty-six, To ^{1846fi h.0* 15*}

authorise the Levying of an Assessment in aid of the Expense of .

K Repairing the Streets mitlin the City of Adelaide :"

AND

WHEREAS

it is expedient to amend and continue the Provisions of the said recited Ordinance :

BE

^IT TBEREFOILE

ENACTED

by the Gor~anox of S o u m AUSTRALIA, %pal of proviso li- mttrng amount of ar.

mith the aa&e and consent of the

LEGISLATIVE

COUNCIL thereof: ^{,,,,m,,, ,Q}

,,,

THAT

from and after the passhg hereof, the Proviso in the said Ordi- ~ o u n d ?

nance contained, that no City Rates shall in any One year exceed the rate of Sixpence in the P o w d .on the nett anhual value of the' Property

rated

thereto, a ~ d every

Clause and Provision

in the said ^,

'

Oxdinanoe,

,

Ordinance contained limitingg the amount of Rntes to be assessed to the said maximum amount, shall be and the

some are

hereby

repealed.

I

city

11.

_AND BE IT

ENACTED,

that

under

and subject to the

Pot&

^and

trlrdd te the rmemt

err&, par p r o d r Provisions of the said Ordinance, it shall be l a w f d to levy and raise.

I -. ' in niani~er tl~crcin mentioned, and within the limits tokhich ^th;

' same shell apply, City Rates to any amount not exceeding, in any

One

year, tllc iate of One Shilling in the Pound on the nett annual

value of the Property rated thercio: R'OTWITHSTAHI?XX~~ that the period of Occupancy in respect of which such increased rate be made shall have been partly expired ^at the time of thc passing herof:

Pnovrosn no Asscssxnent in respect of s$ch period slinll have been.

'actually pullislml or returned to and nllowcd by the

. .

^- Mngistmtc.

wh* F O ~ ' prim*

III

AID BE IT

ENACTED,

that except, as herein prorided, the

tilt l h b h k n l a h

4 Person primarily liable to the payment of Rates, under the raid

' 4

.

^' recited Orchance, in respect of any House or other Property ^assesed, shall be the Occupier thereof, or Person in possessios at the time

. - when such Rates shall be demanded, or (in case

of

^a change in such possession in the meantirnc) the Person occupying the Prenli'es

. .

# . whcn the Warrant bf Distress shall be executed; and in case the'

-

^{< Prcmises} shall be vacant for a period less than Six months, and there

shall not be sufficient distress found therein, then the Proprietor or

.

4 Prsrin. ^' ' Landlord shall be liable : P ~ o v m ~ o , that in

all

cases where any Tenant s h d be c a h d on to pay, and

shall

accordingly pay either a

. ,

.

^'

_.

." , greater amount of Assessment than he shall in fact an amount

d

Assessment extending over any period of time owe for Rent, during or . . . ^, _{which he shall not have been in} possession as Tenant,

'he shall

be

C I

I a

- entitled either to deduct the amount o f exreha so paid from. the acnving

of

future Bent, or to recover the tame (after demand)

by

i n

I - action as for money

paid in an

ordinary csse

in any

_Courtof arm.

. pe tent jurisdiction. . ^,

1

I'

" rf cerlnirl. 'onteewaen hotlam ~n.

IV. AND

^BE IT

E X A ~ E D ,

thnt the omers of all Houses, ~ ~ n r t -

a m t ~ o f t b r ~ r ~ i ~ n *

_.

ments, or Dncllings within such limits as aforesaid, being the

1

^im.

l - mcdiatc Lessors of-the achal Occupiers, which

s h d

rerp~ctivcly be

Twenty

pounds by the year, for any less term than One p a r ^; or on let to the Occupiers thereof ^at any Rent or Rntc not cxcecctiug

I ,

' - , , * . p > , , l,, .,- ^'

any agreement by whicli the Rcnt shall be reserred or made pn~able

.,-

^h, : C ~ I , A ..,l : t ,

.

'l

t i c , 4. , $,-. ,.. at any shorter period than Three months, shall be assessed to the

. - .

^{, '" '!'} Rntes aforesnid for or in xespect

of

such Houses, Aparhnmts,

or

,

_{. .} .

^a

Dwcllinp, and

tlio

Out-houses and

Curtilages

thereof,

instead

of [

' , the actual Occupiers ; and upon non-payment of

thc

sums _{so to}

6

assessed,

the

same

&all

an& may

be

levied upon,

and the

pq-ment

.

^e thkreofd~~

enforced

against, m&

hers pnd bmrs.

m to

be

.

assemd;.

. - . ^* _I

-

^{* % .}

: ,ss~ssed ; and their Goods m d Chattels, in like manner as Rates

.

^'

_/

a p b l ~ t the Tenant or Occupier, may bylaw be levied and recovered.

" V.

AXD

B E IT

ENACTED,

that

after

the second demand of

pay-

cd@cm. ^{m y} d i ~ .

tralnwithout warrant.

mcllt of m y Rates or Arrears thcrcof sl~all have been made in manner directed by tllc said Ordinance. in case such Paymcnt shall be re- ^. fused, or reinnin uncomplicd wit,h for Four days, it shall bc la~vful

1 for tllc Collector :~ppointed to receim such l h t c s , and his Assistants, ^{. -}

i

^to cliter and distrain for the snnx according to tllc Provisions of the

i ,air1 Ortlinn~lce, without any f ~ r t h c r wmrnnt or authority than the

!

Wnrmnt dcliscrcd to him n t the time of his appointment, which ]Vnrrant shall bc according to the form in thc Schcdule hereto

3 anrlesecl.

VI. P n o v r ~ c n IIOJYEVER, ASD BE IT

EXACTED,

that not~~i.ng,in this Building8theproperiy of H e r hlnjesty, or

: or the recited Ordinance coiltaincd shall empower the Commissioner ^{,.d for pubiic} : of Police ancl Policc &gistmtc to levy any Rate wllatcver on any church, chapel.

or publicschool.

:

I m d s or Buildings thc propcrty of IIcr Majesty, and used for a public

1 exempt from rate.

1 purpose, within the said limits ; nor on any Building hired by t h e

!

(;ovcmincnt for any public pulllose ; nor on any Hospital, Benevolent A~vlilm, or iluilding used csclusirclv for charitable purposes ; nor on

l my Church or Cliapcl, or other 3 0 ~ d i n g used esclusi~-ely for Public

,

^{Wo~sllip ;} nor on any U ~ ~ i l d i n y uscd as a School, provided it be in-

.;

^1;abitecl only by tllc 3lastcr or Nistress of the School, ~r his or her ^*

: Wn:il~; ^--W and. the School be one receiving aid from the

- ;

~-6i'Gise of a public clmraclcr.

. VII. A m ^{BE IT}

EXACTED,

that it shall be lawful fqr the Govemor c ~ i i . ~ t o r * ~ s.I.~,.

to authorise thc isssuc, from time to Gme, to every Collector appointed

as aforesaid, of a Snlniy at the rate of Five your$s for every ilundred pocnds of Rates collected by him.

VIII. A m ^nE IT EXACTED, that no Collector or other Officer acting

Colleetin

^and

.

^.

^_

in the execution of thc aforesaid Ordinal~ce, altliough paid out of the paid officer8 ^pire evidence in proceed-

Rates collected by him, or by a proportion thereof, shall, by reason ^ing.. _.- thereof, bc dcemcd to be an incompctant Witness Lehrc ^{m y} Court

8 or Justice of the Peace, in any proceedings wllatcver, foY any offence

\ 1 against the said Ordiiicznce, or in any matter relating to such Rates,

/

or in any other matter rncntiollcd in the said Ordinance.

IX.

PROV~DEDALWAYS, A ~ D n E ITESACTED, that noiisscssmcnt,TIra~ Proceedings not to be ^'I

rant, or othcr proceedings, arllich sllnll bc mndc or dmll purport to be ^{void for} wmt of form, or nfkcted by cu~y

'

^{mile, by vktuc} or in pursuance, or iu csccution of this or the rccitcd mit*e, &C., t h d n . : Ordiimncc, shall bc quashed, or dccmcd to bc void or voidable for

/

^{Want of Form, or} be irnpcacllcd or affcctcd by rcnson of any Mistake,

~Dcfcot, or Olnissioi~ tlmrcin, proyidcd tlic imwu or property chorgcd

i ^{L .}

or ^'

7 ,

,

.

^or

^intended

^{to be}

^{charged or affected by} any 6uch proceeding be

designated therein to

c o m m o n

intent and

understanding, a ~ ~ d such

. . .. proceeding be in

substance and

effect

in conformity with

a ~ o d n g

.

to the intent and

meaning

of

the said

Ordinances.

. l

l cenaknciom d4mo. '

X. SAND

BE rT

ENACTED,

that

this Ordinance shall be

construed

I

t . . ^{U '.} together

with

the said

Ord.ina,nce

as one Act; and the same, together

l .

.

with the recited Ordinance,

shall continue in operation

until the ^A

Thirtieth

day

of September, One

thousand

eight

hundred

and

fortp

, . . nine,

anything in the

said.Ordinance

to the

oontrary notdths tanding.

1