PART I.

Municipal Corporations Act.-1923.

PART VIII.-Officers of the Council.

PART

IX.-Roads, Streets, and Public Places-
DIVISION 1.-Public Streets:

DIVISION II.-Vesting of Streets in the Corporation :

DIVISION III.-Width of Streets:

DIVISION IV.-Alignment of Public Streets, etc.: DIVISION v. Plans and Register of Public Streets: DIVISION VI.-Making, Forming, Repairing, Widening, Planting, etc., of Streets, etc., by the Council:

DIVISION VII.-Unfenced Land, Excavations, etc., Adjoining Streets:

DIVISION XI.-Subdivision of Land:

DIVISION XII.-Levels of Streets:

DIVISION XIII.-Formation, Repair, etc., of Private

Streets:

DIVISION XIV.-Right to use Streets, Footways, etc., Formed, Drained, etc., at Expense of Landowners:

DIVISION Xxv.-Various matters.

PART x.-Bridges, Squares, Park Lands, and Reserves.

PART

xx.-Reclamation of Land.

PART XXI. Hide and Skin Markets and Bazaars.

PART XXII-Miscellaneous Municipal Functions of Councils.

PART XXIII.-Assessments

DIVISION I.-General Provisions :

DIVISION

Municipal Corporations Act.-1923.

DIVISION II.-Assessments Based upon Annual Value :
DIVISION III.-Assessments Based upon Land Value:
DIVISION IV.-How Division III. of this Part is Brought
into Operation and Ceases to Operate.

PART XXIV.-Appeals against Assessments

DIVISION 1.-Appeals against Assessments Based upon
Annual Value :

DIVISION II.-Appeals against Assessments Based upon
Land Value.

PART XXV.-Rates

DIVISION I.-Provisions Applicable to Rates under
either Method of Assessment:

DIVISION II.-Provisions Applicable to Rates where
Assessment is Based upon Annual
Value:

DIVISION III.-Provisions Applicable to Rates where
Assessment is Based upon Land Value.

PART XXVI.-Recovery of Rates

PART

DIVISION I.-Provisions Applicable where Assessment
is Based upon Annual Value :

DIVISION II.-Provisions Applicable where Assessment
is Based upon Land Value :

DIVISION III.-Provisions Applicable under

XXVII.-Loans.

Method of Assessment.

Either

PART xxx.-Power to Take Land for Works and Under

PART

Xxxv.-Provisions affecting the Corporation of the
City of Adelaide only.

PART XXXVI.-Aldermen.

PART XXXVII.-Meetings and Polls of Citizens or Ratepayers.

PART XXXVIII.-Miscellaneous Matters.

PART I.

3. (1) This Act is a consolidation of the Acts mentioned in the Acts consolidated First Schedule, and the said Acts are hereby repealed to the extent and repealed. therein mentioned.

(2) Such

First Schedule.

PART I.

Saving provision.

Municipal Corporations Act.-1923.

(2) Such repeal shall not

(a) affect the operation prior to the commencement of this Act of any of the Acts or portions of Acts hereby repealed: (b) alter the past or future effect of the doing, suffering, or omission of anything prior to the commencement of this Act:

(c) affect any lease, licence, loan, mortgage, agreement, debenture, deed, bond, or coupon heretofore made, granted, or issued under or by virtue of any of the Acts or portions of Acts hereby repealed or of any by-law made thereunder:

(d) affect any estate, right, title, interest, privilege, power, duty, obligation, liability, charge, or penalty created, acquired, accrued, exercisable, incurred, or imposed by, or under, or liable to be imposed under, any of the said Acts or portions of Acts hereby repealed, or under any by-laws made thereunder :

(e) affect any petition, proclamation, election, assessment, notice, order, by-law, regulation, rate, or valuation, or any proceeding, matter, or thing presented, made, held, given, published, declared, or done under any of the said Acts or portions of Acts hereby repealed:

(f) affect any legal or other proceeding heretofore commenced or hereafter to be commenced in respect of any of the matters or things in this section before mentioned.

(3) All matters and things mentioned in subsection (2) of this section are, to the extent that they were respectively in force immediately before the commencement of this Act, hereby preserved and continued, and declared to be of the same force and effect as if this Act had been in force when they were respectively done, suffered, omitted, made, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, or declared, or accrued, or became exerciseable or liable to be imposed, and they respectively had been done, suffered, omitted, made, granted, issued, created, acquired, incurred, imposed, presented, held, given, published, or declared, or had accrued, or become exerciseable, or liable to be imposed under this Act.

(4) All corporations and wards in existence immediately prior to the commencement of this Act shall be and continue corporations and wards under and subject to the provisions of this Act.

(5) All Mayors, Aldermen, Councillors, Auditors, and officers or other persons appointed, elected, holding, or continuing to hold any offices under or by virtue of any of the Acts or portions of Acts hereby repealed, shall continue in and hold such offices under and subject to the provisions of this Act.

(6) The citizens' roll in force in any Municipality at the commencement of this Act shall continue to be the citizens' roll for such Municipality

Municipal Corporations Act.-1923.

Municipality as if this Act had been in force when such citizens' roll came into force, and such roll had been prepared under this Act.

(7) All proceedings which at the commencement of this Act are depending in any Court, or before any arbitrator or other authority, may be proceeded with, heard, and determined, and the decision or award or any order made therein may be enforced under this Act.

(8) All lands, tenements, hereditaments, and premises, and property of every description whatsoever vested in, belonging to, or under the care, control, or management of any Corporation or Council, immediately before the commencement of this Act, shall be and continue vested in, belonging to, or under the care, control, and management of such Corporation or Council.

(9) All offences committed, and all liabilities, forfeitures, and penalties incurred, or imposed, or liable to be imposed, before the commencement of this Act, may be tried, punished, inquired into, and enforced under this Act.

PART I.

4. (1) In this Act, except where the subject matter or context, Interpretation. or other provisions hereof, require a different construction—

66

M.C. Act, 1890, s. 6.

Assessment" means an assessment made pursuant to Division 573, 1893, s. 13.
II. or Division III. of Part XXIII., as the case may
require :

Assessed value ", in relation to ratable property within any Ibid.
Municipality in which Division III. of Part XXIII. is

in operation, means the land value of the ratable property
assessed:

"Clerk " means the Town Clerk:

M.C. Act 1890, s. 6.

"Commissioner of Taxes " includes any Acting or Deputy Com- 573, 1893, s. 13. missioner appointed under the Taxation Act:

"Corporation"
means any Municipal Corporation now in M.C. Act, 1890, s. 6.
existence or hereafter to be created:

"Council" means and includes the Mayor and Councillors of Ibid.
any Municipal Corporation under this Act, and a quorum
thereof, but so that the powers, authorities, duties, and
obligations hereby conferred and imposed upon any Council
shall be exercised and liable to be performed by such
Council only within the limits of the Municipality which
they represent; except in cases in which any of such
powers, authorities, duties, and obligations are by this Act
permitted or directed to be exercised by the Council outside
the limits aforesaid:

"Government assessment means the assessment for land 573, 1893, s. 13 tax for the time being in force under the Taxation Act:

"Land value" means unimproved value as defined by the Ibid. Taxation Act, and as assessed by the Council under Division

III. of Part XXIII. :

"Minister"

PART I.

M.C. Act, 1890, s. 6.

1183, 1914, s. 3.

M.C. Act, 1890, s. 6.

Ibid.

Ibid.

Ibid.

Ibid.

Ibid.

1183, 1914, s. 4.

M.C. Act, 1890, s. 6.

Ibid.

1183, 1914, s. 5. 1517, 1922, s. 6.

Municipal Corporations Act.-1923.

Minister " means the Minister administering this Act, or the
part to which the expression relates:

"Motor vehicle" means any vehicle driven or propelled, or
ordinarily capable of being driven or propelled, either
wholly or partly, by any volatile spirit, steam, or electricity,
or by any means other than animal power, but does not
include any vehicle run upon a railway or tramway:
"Municipality" means any locality the citizens or inhabitants
of which are incorporated, or are continued or become
incorporated, under this Act:

66

Occupier" includes leaseholder:

"Owner" includes the person for the time being receiving or
entitled to receive the rents and profits of any lands,
messuages, or hereditaments within any Municipality,
whether on his own account, or as agent, trustee, or attorney
for
any other person:

"Park lands" means any open or enclosed park lands included
in or adjoining any Municipality, which are already, or
are hereafter declared or set apart for the use and enjoyment
of the inhabitants of such Municipality, or which are vested
in the Corporation, or under the control and management
of the Council:

"Pave," "paved," and "paving" mean and include paving with asphalt, flags, or other stone, or any other material that the Council deem expedient, and respectively include kerb," "kerbed," and "kerbing":

"Public notice means notice by advertisement in the Gazette, or in a newspaper circulating in the Municipality :

Public place" includes every road, street, lane, footway, court, alley, and thoroughfare which the public are allowed to use, and whether formed on private property or not, within the limits of any Municipality :

Ratable property

(1) so far as concerns any municipality in which Division III. of Part XXIII. is not in operation means and includes all buildings, lands, tenements, and hereditaments (including land belonging to the Crown), except— (a) Land belonging to the Crown, not granted or lawfully contracted to be granted in fee-simple to any person, and not leased to or in the occupation of any person : (b) Lands and buildings, and parts of lands and buildings, used by the Government for a public purpose: Provided that, notwithstanding any provision to the contrary in any special or general Act, such (if any) parts of any such building as are occupied by any person as a dwelling shall be ratable property, and the person so occupying the same shall be the ratepayer in respect thereof :

(c) Any