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EDWARDI V11 REGIS. - South Australian Legislation

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The Commissioner will notify the fact of the completion of the purchase in the Government Gazette. 6) The vote of the Commissioner shall be deemed a decision of a Suburban Council or District Council, as the case may be. The Municipd Tramways Trwt Act.-1906. appointed by the Governor, the Corporation of the City of Adelaide, the Suburban Corporations or the District Councils.

He holds any office or place of profit in connection with the gift or disposal of the trust. 'l'rja will be a legal entity named The Truat to be abody. Fund, with the approval of the Treasurer, upon such payment as may be fixed by the Fund from time to time.

PART VI

In any case where the moneys paid to the 'I'roes were not specially borrowed for the purpose, the rate of interest is the rate which the. The treasurer, at the time of issuing the clebentures covering snch moneys, must certify in writing to the Trust is the current rate at which the Government can borrow money for public purposes. In respect of any such moneys not specially borrowed for the cost of purchase, and in respect of any moneys paid b!, the Treasurer under section 39, the Treasurer shall certify in writing to the Trust the rate which the Government against the time of the payment by the Government of such m o n e p h a ~ e borrowed money for public purposes. A written certificate under the hand of the Treasurer shall be conclusive evidence of the amount charged from time to time as aforesaid.

Reduction by means of a fund of one-sixtieth of the total amount by the Treasurer for which the Trust has at any time issued debentures in favor of the treasurer: (c) By the interest payable on the residue of the. moncys paid therefor by the Treasurer and not secured or repaid by debentures.

Such debentures shall not affect any right of the 'l'reasurer Treasurer's security

For purposes of determining this proportion, the estimated annual value of the assessed property in the municipality of each suburban corporation is declared to be-. For the purpose of determining this proportion, the estimated annual value of the assessed property of each of the said districts is declared to be-. In the event that the Governor implements any of the provisions in case of changes D i n - . the powers conferred on him by Part 11 ".

Corporation and District Council to pay to the Treasurer a proportion of the moneys secured by the debentures, shall be the liability mentioned in the Proclamation, and such liability shall be deemed to have been imposed by this ,4ct. c. Nothing done hereunder shall prejudice any right of the Treasurer or the Trust to recover any liability due and payable to the Treasurer or the Trust immediately prior to any Proclamation. Provided that such road shall be formed, made and paved, and repaired and fenced at the expense of the Trust, to the satisfaction of the road authority:.

Shall not alter the level of any road without altering such level over the entire width of such road, and shall do the same to the satisfaction of the Road Authority. With all convenient speed, and to the satisfaction of the road authority, restore that part of the road to as good a condition as Act on Municipal Tramways.-1906. lowering or otherwise altering the location of the said mains or pipes, conduits or appliances in such manner as may be necessary.

With as little disadvantage and inconvenience to the company, person or authority to whom such main or pipes, wires or apparatus may belong or by whom it is controlled, or to the inhabitants of the district, as the circumstances will admit; and. In the event that the parties do not agree on such appointment, the matter in dispute shall be decided by arbitration.

EDWARDI VII,

The consent of the Governor may be evidenced by writing Evidence of consent

Rigbtsnf the Trust to 73, Except with the consent of the Governor, the Trust shall. not to assign, lease or grant licenses to operate its business or any part thereof. 7) Regulation of normal traffic in that part of the roads on which any tram is located. C+enactment of by-law 76, Upon confirmation of the by-law, it will be published in the Gazette.

The Gazette purporting to contain my law shall be evidence thereof, and that the ordinance was duly made and confirmed. 80, The Trust shall any damage to under- Liability of Trust for damage caused by. 81, Notwithstanding anything contained in this Act, the Trust Trud only has right of use of high-.

Nothing in this Act takes away or affects the powers of local authorities to control.

Nothing in this Act shall take away from or affect any Powers of local authorities to control

No thing in this Act or any b y-law shall take away or Right of the to

Tlle 'l'rnst may, with the consent of the Governor and Commissioner of South Australian Railways, purchase or otherwise acquire any railway, together with all property and rights relating to the railway. 87, Nothing in this Act shall prevent a Commissioner of South Australian Railways from working under electric power on any railway owned by such Commissioner. 88, The Fund may receive, collect or pay for garbage for the purposes of consumption as fuel, purchase, construction, erection, maintenance, use, alteration, disposal or addition to oil or more garbage destroyers.

89. No annuity provided for by an annuity determined under subsection (8) of Article 74 shall be anticipated, assigned, transferred, charged, encumbered or otherwise surrendered by the person entitled thereto or conditionally entitled to bad possession, expectation, or otherwise sensible;. 90, (1) No sum of money provided for by any ordinance made under section 74, silb section (B) shall be seized or taken for execution or seized under the proceedings of a court, or will, in case of insolvency or legal assignment of the right holder before actual payment; of such money to him, vests in the official receiver of a court of insolvency or in the trustee or assign of his state or under the order.

PART

1) Interfere. remove or alter t~ny l)wt of the property of the Trust or of the works connected therewith. A , 1884, bp any railway or any such conveyance any such goods without dis-. plainly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the boolr- keeper or other servant of whdm the same is left at the time of such despatch. Q U O tuwranto or other proceeding shall be issued or filed or have or abolished. taken in the Supreme Court to try or question the title of Cf. I'rust, or the title of any person to act as a member or in any office or place in or in the gift of the trust.

Any notice, summons, warrant, or legal process whatsoever, Service of notices, orders, etc. civil or criminal, may be served on the Trust or any Corporation. ib, 340, or Council, by leaving the same at the head office of the Trust. Whenever necessary, at the hearing of any proof of service. information for any offense against the provisions of this Act or Eq. against any bye-law or regulation thereunder, to employ any s. notice, an affidavit of the service of such notice, sworn before a justice of the peace or Commissioner for taking affidavits in the Supreme Court, shall be sufficient evidence of such service. Every order, summons, notice or other such document Validation of. requiring to be attested by the rust, or by any Corporation ~ ~ ~ ' m m t s or Board, may, except when otherwise provided, be sufficient Cf. authenticated without the common seal of the Trust, Corporation or Council if signed by a member of the Trust, or by two Councillors, or by the Town Clerk, or District Clerk.

It may be all fees and charges under this Act, or under any by-law fee. the law made pursuant to it, may be recovered and applied summarily. brief on the information or complaint before two judges of. The special procedure according to the practice of the Supreme Court for special cases. and may make any order as to the costs of the proceedings therein. Purchase money payable to ALFRED MULLER SIMPBON, WILLIAM HI ER LAW, ALFRED FRANCIS WEAVER, WILLIAM HAMILTON, GEORQE ALBERT WYLD, CHARLEB WILLCOX and JAMES JOHN BODLEY or any three of them or their acceptance. of them shall be a sufficient discharge to the purchaser in respect of the payment of the purchase money.

Each of the sellers shall, until the completion of the purchase, operate the respective tramways and businesses in the same manner as before to maintain the same as a going concern and the respective profits if any of the operation of such business belongs to such seller. Each vendor shall maintain and maintain said "movable plant" belonging to him so that on the date of completion of the purchase it will be in the same condition as on the date hereof, except for reasonable wear and tear. And in the event of any reduction in the said "movable plant" or any such additions thereto at the time of completion, the sellers shall allow or pay to the buyer the fair value of the items or articles of "movable plant" in respect of which such reduction has taken place.

SIMPSON, was placed here (according to a ) G. Common seal of Adelaide, Unley, ) and Mitcham Tramway Company,.

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