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Municipal Corporations Act.—1923.

PART 1.

(c) Any hospital, lunatic asylum, benevolent institution,

or buildings used exclusively for charitable pur

poses : (d) Any church, chapel, or buildings used exclusively

for public worship :
(e) Any building belonging to an academical institution

which has obtained an Act of Incorporation, if
such building is used directly for the academical

purposes of such institution :
(f) Any building or part of a building used exclusively

as a school, whether private or public : (9) Any land which under the provisions of the

Recreation Grounds Taxation Exemption Act,

1910, is exempt from rating : Provided that, notwithstanding any provision to the contrary in any special or general Act, the exceptions mentioned in paragraphs (e) and (f) hereof shall not extend to lands and buildings, or parts of lands and buildings, used for the purposes of any school, college, or academical institution which charges fees for education or instruction : Provided that the rates payable in respect of any lands or buildings, or parts of lands or buildings, which but for the last

preceding proviso would not be ratable property shall be onequarter of the rates that would be payable in respect of such lands or buildings, or parts of lands or buildings, if the same were fully ratable: Provided also that nothing in the last two preceding provisos contained shall affect the ratability or otherwise of lands belonging to or used for the purposes of the University of Adelaide.

(2) so far as concerns any Municipality in which Division 573, 1893, s. 13. III. of Part XXIII. is in operation means and includes all 1183, 1914, s. 44. land, with all buildings and erections thereon, except

1517, 1922, s. 44. (a) land of the Crown which, for the time being, is not

subject to any agreement for sale or right of pur

chase or to any lease : (b) park lands, public roads, public cemeteries, and other

public reserves :
(c) land used solely for religious, educational, or charit-

able purposes, or used by any Institute under the
provisions of the Public Library, Museum, and

Art Gallery and Institutes Act, 1909 :
(d) any land which under the provisions of the Recrea-

tion Grounds Taxation Exemption Act, 1910,

is exempt from rating : Provided that, notwithstanding any provision to the contrary in any special or general Act, the exception relating to land used solely for educational purposes in paragraph (c) hereof shall not extend to lands and buildings, or parts

of

PART 1.

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

Ibid.

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Municipal Corporations Act.—-1923.
of lands and buildings, used for the purposes of

any

school, college, or academical institution which charges fees for education or instruction: Provided that the rates payable in respect of any lands or buildings, or parts of lands or buildings, which but for the last preceding proviso would not be ratable property shall be one-quarter of the rates that would be payable in respect of such lands or buildings, or parts of lands or buildings, if the same were fully ratable : Provided also that nothing in the last two preceding provisos contained shall affect the ratability or otherwise of lands belonging to or used for the purposes of the

University of Adelaide :
Ratepayer,” so far as concerns any Municipality in which

Division III. of Part XXIII. is not in operation, means
and includes the occupier of ratable property, and also the
owner, other than the Crown, of ratable property, whether

occupied or not, within the Municipality : “Real Property_Acts” means the Real Property Act, 1886,

the Real Property Amendment Act, 1887, the Real Property Amendment Act, 1893, and the Estates Tail

Act, 1881 : “Roll of voters ” means the citizens' roll or other authorised

list of persons entitled to vote, or assessment-book or copy

thereof, as the case may be : “ Street” means and includes every public square, place, road,

terrace, or thoroughfare, or any private street, subject to the provisions of this Act, and may be so used in any sum

mons, information, or indictment: Surveyor means and includes the surveyor of every Muni

cipality, and any officer of a Municipality performing similar duties, or duties by this Act or any by-laws of a Municipality directed to be performed by or imposed on the

surveyor, by whatever name such officer may be called : Taxation Act means and includes the Taxation Acts, 1915

and 1917, and any Act or Acts amending the same or substituted therefor, and all regulations made under or by

virtue of any such Act or Acts : The Lands Clauses Consolidation Acts” means and includes

the Lands Clauses Consolidation Acts, 1847 to 1917 : “ Town Clerk” means and includes the Town Clerk of every

Municipality, and any officer of a Municipality performing

similar duties, by whatever name he may be called : Writing” and“ written ”includes“ printing” and“ printed”

and vice versa. Documents required to be written may be partly printed, and documents required to be printed may be partly written.

Ibid.

Ibid.

a

573, 1893, s. 13.

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

Ibid.

Ibid.

PART

Municipal Corporations Act.--1923.

.

CORPORATIONS : THEIR CREATION, ALTERATION,

UNION, AND DISSOLUTION.

DIVISION 1.-CREATION OF NEW CORPORATIONS AND WARDS AND DIVISION I.

ALTERATION OF WARDS.

5. The Governor, on a petition, as hereinafter mentioned, may, Powers of Governor

by Proclamation, from time to time, do any one or more of the top create new Muni-

cipalities

following acts :

boundaries and

wards, &c.

1. He may constitute new Municipalities of land wholly within M. C. Act, 1890,

or wholly without, or partly within and partly without, 6. 7.
any existing Municipality, and may define the number
and boundaries of the wards therein, and fix the names
thereof, and may declare the citizens of any such new

Municipality to be a Corporation under this Act :

II. He may appoint the first Mayor and Auditors of a new Cor-

poration, and the first two Councillors for each ward

therein :

III. He may alter the boundaries of any Municipality, either

by separating portion thereof from such Municipality

and declaring that it shall no longer form part thereof,

or by adding other land to such Municipality, and may

form or divide any land so added into a ward or wards,

or may join the land so added to any ward or wards

already existing :

iv. He may re-arrange the wards of a Municipality and increase

or diminish the number of such wards, and alter the

names thereof :

v. He may, when the number of wards in a Municipality is

increased, appoint two Councillors for each new ward,

who shall hold office until the next annual election

of Councillors under this Act, and may, when the number

of wards is diminished, determine which of the Councillors

shall cease to hold office.

PART II.
DIVISION 1.

Municipal Corporations Act.—1923.

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(c) the names of the proposed first Mayor and Auditors ; (d) the names of the proposed first Councillors for each

ward of such proposed Municipality; and (e) the boundaries of such proposed Municipality and

wards respectively ; and II. be signed by not less than two-fifths of the ratepayers or

owners of ratable property within the proposed Municipality.

Contents of petition
for altering
boundaries of a
Municipality.
Ibid., s. 9 (part).

8. Every petition for altering the boundaries of a Municipality shall 1. define the boundaries of the land proposed to be separated

or added ; and II. be signed by not less than two-fifths of the ratepayers or

owners of ratable property within the land proposed to be separated or added.

Contents of petition
for re-arranging

9. Every petition for re-arranging the wards of a Municipality
wards or increasing or increasing or diminishing their number, or altering the names
or diminishing their thereof shall-
number.
Ibid., s. 9 (part).

I. define
(a) the names and boundaries of the wards into which it is

proposed to re-arrange the Municipality;
(b) the number, names, and boundaries of the wards into

which it is proposed to increase or diminish such

Municipality; (c) the names of the first Councillors for any new ward to

be created thereby ; (d) the names of any Councillors who should cease to hold

office in consequence of any diminution in the number

of wards; (e) the name of any ward which it is proposed to alter; and

(f) the name proposed for such ward ; and 11. be signed by not less than one-fifth of the ratepayers of the

Municipality.

Petition to be pub-
lish d in Gazette.
Ibid., s. 10.

10. Every such petition shall be published for three consecutive weeks in the Gazette.

Cause may be shown
against petition.
Ibid., s. 11.

11. (1) Any person or persons may, by counter-petition or counterpetitions presented to the Governor within twenty-one days from the first publication of the original petition, show cause against any such petition, or any part thereof, being granted.

(2) Such counter-petition or counter-petitions shall also be published for three consecutive weeks in the Gazette.

(3) The

Municipal Corporations Act.--1923.

PART II. DIVISION 1.

(3) The original petitioners shall have the right to reply thereto by petition in reply within twenty-one days from the first publication of such counter-petition, or of the last published of such counterpetitions if more than one.

(4) Such petition in reply shall be forthwith published once in the Gazette.

(5) No further petition or reply thereto shall be considered or published.

(6) Publication of the substance and prayer of a petition or 1183, 1914, 8 6. counter-petition shall be deemed a sufficient publication of such petition or counter-petition for the purposes of this and the next preceding section.

12. (1) The Governor may by Proclamation grant the prayer Prayer of petition of the original petition, or any part thereof, with such alterations may be granted by or modifications as appear to him necessary or expedient.

M.C. Act, 1890, s. 12. (2) Such Proclamation shall, if a counter-petition has been presented, issue not earlier than nine weeks from the first publication of the original petition, or, if there has been no counter-petition, not earlier than four weeks from such first publication.

13. From and after the publication of a Proclamation constituting Effect of Proclama

tion constituting a new Corporation

new Corporation. (a) the citizens of the Municipality therein defined shall be a Ibid., s. 13.

Corporation under and subject to the provisions of this

Act:
(b) the Mayor, Councillors, and Auditors therein named shall

be Mayor, Councillors, and Auditors respectively of such
Municipality under and subject to, and in the same
manner as if they had been elected under the provisions

of this Act :
(c) the boundaries of the Municipality and the wards thereof

therein defined shall constitute the boundaries of such

Municipality and wards respectively. 14. From and after the publication of any Proclamation altering Effect of Proclamathe boundaries of any Municipality, or re-arranging, increasing, or boundaries, &c.

tion altering diminishing the number, or altering the names of the wards of any Ibid., s. 14. Municipality, the boundaries of such Municipality, the number, names, and boundaries of the wards of such Municipality, and the Councillors appointed to hold or to cease to hold office as defined, declared, or named in such Proclamation, shall respectively be the boundaries of such Municipality, the number, names, and boundaries of such wards, and the Councillors holding office or ceasing to hold office, as therein mentioned.

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15. (1) The Governor, on the petition of any Council may, by Governor may divide Proclamation, divide into wards any Municipality which has not wards. heretofore been divided.

(2) The Ibid., s. 15.

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