Lapas attēli
PDF
ePub
[blocks in formation]

When election of

held.

The South-Eastern Drainage Amendment Act.-1877.

other Responsible Minister of the Department of Government having control of the Public Drains and Drainage Works.

5. The Governor may, by Proclamation in the Government Gazette, constitute and declare any public drain to be a main drain; and from and after the publication of such Proclamation as aforesaid such main drain shall be under the care and management of and shall be thoroughly cleansed, repaired, and maintained in a due state of efficiency by and at the expense of the Commissioner.

6. Each Drainage Board shall have the care, control, and management of all public drains, not proclaimed main drains as hereinbefore provided, and all drainage works within the district which the Governor may, from time to time, by Proclamation published in the Government Gazette, make, subject to the care, control, and management of such Board, or which shall be constructed, completed, or otherwise acquired by such Board; and all such public drains and drainage works shall be thoroughly cleansed, repaired, and maintained in a due state of efficiency by and at the expense of such Drainage Board.

7. The Drainage Board for each Drainage District shall consist of five members, to be elected by the ratepayers of cach Drainage District, whose names may appear upon the assessment book, as provided by clause 35 of the said "The South-Eastern Drainage Act," in a similar manner in all respects as the members of a District Council are elected, and each Board shall be called by the name of the District for which it is appointed, but substituting for the word “District" the word "Board." Each Drainage Board shall be a body corporate with perpetual succession and a common seal, having a capacity to hold lands for all the purposes of this Act.

8. The first election of members for the Drainage Board of any Drainage Board to be District heretofore proclaimed shall be held on the first Monday of July, 1878, or so soon after as circumstances shall permit; but the annual election shall be held on the first Monday in July in each year, and the first annual election shall be held in the month of July, 1878.

Existing Boards to be abolished.

9. From and after the said first election of members for any Drainage Board to be held on the first Monday of July, 1878, as aforesaid, every Drainage Board of any Drainage District heretofore appointed shall be abolished, and its powers and authorities shall absolutely determine; and if from any cause whatever any Drainage Board heretofore appointed or hereafter to be declared shall be unable or unwilling to act, or if any Board shall not for any cause be duly elected, then and in any such case all the powers, authorities, rights, remedies, and privileges imposed or conferred upon any such Board by this Act or the said "The South-Eastern Drainage Act, 1875," shall, during the time that any such Board shall be unable

or

The South-Eastern Drainage Amendment Act.-1877.

or unwilling to act, or during such time as any such Board shall remain unelected as aforesaid, be imposed and conferred upon and shall be exercisable by the Commissioner.

Board, and penalty

10. Any person residing in and being a ratepayer of any Drainage Qualification of District shall be qualified to be a member of the Drainage Board of member of Drainage such district; and any person so qualified, who having been duly for not acting. elected as a member of any Drainage Board, shall refuse to take upon himself the office of member of any Drainage District, and to act in the same, or who shall neglect so to do for three consecutive ordinary meetings of such Drainage Board after his election; and any qualified person who shall have taken upon himself the office of a member of any Drainage Board, and who shall resign such office, or shall absent himself without reasonable cause and without the licence of the District Council from three consecutive ordinary meetings of the Drainage Board, shall be liable to a penalty of Twenty Pounds.

11. In addition to the powers and authorities vested in the Drainage Board by "The South-Eastern Drainage Act, 1875," the Drainage Board shall, in all parts of a Drainage District which are not within the boundaries of a District Council, constituted under "The District Councils Act, 1876," have and exercise all powers and authorities vested in District Councils under the lastmentioned Act, in the same and as full a manner as if the Drainage District had been constituted a district under the said "The District Councils Act, 1876," or any Act amending the same, and the Drainage Board were the Council thereof; and for the purpose of enabling the Drainage Board to exercise the said powers and authorities, the following portions of "The District Councils Act, 1876," that is to say, sections 16 to 32 inclusive, 39 to 118 inclusive, 160, 161, 163, 164, 165, 169, 170, 172 to 179 inclusive, and 200 to 217 inclusive are hereby incorporated with this Act, and for the purposes of such incorporation shall be read and construed as if the words “Drainage Board" and "Members of Drainage Boards" were inserted therein instead of "District Council" and "Councillor" respectively, and as if the word "Auditor was omitted therefrom.

[ocr errors]
[blocks in formation]

torian Main Road

Board, and to be dis
Act."

trict within "Dog

12. Every Drainage District shall be entitled to have and shall Drainage District engive at every election of the Local Board of Main Roads for the titled to vote for VicVictoria District one vote for each person nominated for member of the Board for such district; but in case the rateable property of such Drainage District shall be assessed at the annual value of more than Ten Thousand Pounds, then such district shall be entitled to an additional vote for each person nominated in respect of every Ten Thousand Pounds or fractional part of that sum in excess of every Ten Thousand Pounds after the first Ten Thousand Pounds: Provided that no Drainage District shall be entitled to more than two votes for any person nominated: And any Drainage District, when constituted and declared by Proclamation as aforesaid, shall be a

District

Roads to be under care of Drainage Board.

The South-Eastern Drainage Amendment Act.-1877.

District for all purposes under "The Dog Act, 1867," or any Act amending the same.

13. All streets or roads in any township or village which shall have been dedicated to the public within a Drainage District of which dedication five years uninterrupted use of such street or road by the public after the laying out of any such township or village shall be evidence, shall until the same shall be or become main roads and all other district roads within any Drainage District, be under the care and management and subject to the control and direction of the Drainage Board for the District within which such roads are situate.

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
WM. F. DRUMMOND JERVOIS, Governor.

Adelaide By authority, W. C. Cox, Government Printer, North-terrace.

[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

14. Price of lands.

15. Method of purchasing land upon credit. 16. Receipt to be given.

17. Applicant may appoint agent.

18. Sums paid not bona fide may be forfeited. 19. Agreement.

20. Applicant suffering forfeiture.

21. Purchase-money, how paid.

22. Portion of purchase-money may be paid at any time.

23. Consolidated agreements may be obtained.

(2.) Provisions applicable to all Agreements.

24. Application of certain provisions.

25. No one to purchase more than 1,000 acres.
26. Devisee or personal representative.
27. Certain grants may be made.

28. Construction of agreement.

29. Construction of residence clause. 30. Agreement may be surrendered.

31. Mineral lease may be granted.

32. Condition of cultivation may be relaxed. 33. Purchasers to send in returns.

34. No transfer allowed.

35. Conditions may be performed by representatives.

36. Sections may be divided.

37. Acceptance of overdue purchase-money. 38. Who may not hold land on terms of

credit.

39. Lands of insolvent to be sold for benefit

of creditors.

40. No agent to buy in his own name for another.

41. Improvements.

42. Purchaser on credit may be summoned.

43. Witnesses may be examined.

44. Evidence.

45. Form of summons.

46. False declaration to cause forfeiture.

47. In certain cases agreement may be

revoked.

48. No purchase after revocation.

(3.) Sale by Private Contract and by Auction.

49. Certain lands to be open for sale.
50. Town and suburban lands.

51. Certain country lands may be sold for cash,
52. Certain lands may be sold for cash or on
credit.

53. Upset price.

54. Lands to be gazetted before auction.
55. Lands to be always open for sale on credit.
56. Purchase-money of lands.

PART III.

LEASES WITH RIGHT OF PURCHASE.

57. Land unsold for five years may be leased
with right of purchase.

58. Certain lands may be leased.
59. Leases to be offered at auction.

60. Rent.

60. Rent.

Crown Lands Consolidation Act.-1877.

61. Where lease not sold.

62. No person to hold more than 3,200 acres.
63. Lessee not entitled to commonage.

PART IV.

[blocks in formation]

PART VII.

LEGAL PROCEDURE, TRESPASSES, AND

PENALTIES.

97. Crown Lands Rangers.

98. Crown Lands Ranger may make any claim

or entry.

99. Power to impound cattle trespassing.
100. Penalty for unlawful use of travelling
stock reserves.

101. Penalty for unlawfully depasturing.
102. Penalties for injuring or removing timber
without licence.

103. Injuring or removing land-marks.
104. Obstruction of roads and ways.

105. Penalty for driving stock off run to evade
correct return.

106. Lessee and overseer both liable.

107. Penalty for omitting to forward returns.
108. Penalties for non-payment of rent.
109. Rule to show cause why lease should not
be forfeited.

110. Supreme Court may declare lease to be
forfeited.

111. Court may allow time to lessee to rebut
charges.

112. Recovery of costs.
113. Summary ejectment.
114. Recovery of rent.

115. Penalty for unauthorized occupation of
Crown Lands.

116. Any unauthorized occupier may be dispossessed.

117. Forgery and uttering a misdemeanor. 118. Recovery of penalties.

119. Onus probandi.

120. Summary procedure.

121. Appeal.

122. Local Court, upon hearing of appeal,

may state special case.

123. Disposal of penalties.

124. Governor may order costs to be pald.
125. Protection of persons acting in execution
of this Act.

[blocks in formation]

SCHEDULES.

An Act to consolidate and amend the Laws relating to the Crown

Preamble.

W

Lands in South Australia.

[Assented to, 21st December, 1877.]

HEREAS it is expedient to consolidate and amend the Law relating to the sale and occupation of the Crown Lands in South

« iepriekšējāTurpināt »