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Municipal Corporations Act.—1923.
PART XXVIII. (j) subscribing to any public hospital, asylum, or charitable
institution, or to any institute, or to any public cemetery,
Municipality, and howsoever the same is owned :
when engaged on special business at the written request
or by the written authority of the Council :
which are necessary or desirable in and about the property
and business of the Corporation :
or desirable for the benefit of the Municipality :
public benefit of the inhabitants of the Municipality,
and all other improvements of the Municipality :
of the Council as required or authorised by this Act or any
other Act for the time being in force in that behalf. 466. (1) The Corporation of the City of Adelaide, in addition to Additional expendithe powers conferred by section 465, may during any year expend ture. a sum not exceeding Five Hundred Pounds for any special public 833, 1903, s. 30. function or public entertainment for the benefit or credit of the Corporation.
(2) Any other Corporation may expend for similar objects a sum not exceeding two and a half per centum on the annual revenue received from rates, rents, and profits during the preceding year, or Two Hundred Pounds, whichever is the larger amount.
467. Proper books of account shall be kept for the purpose of Proper books of entering all sums of money received and paid on behalf of the account to be kept. Corporation, which books shall at all times be open to the inspection 3.287. of the Mayor or any Councillor or Auditor.
M.C. Act, 1890,
468. The accounts of the Corporation shall be balanced twice in Accounts to be each
year, and a balance sheet for the year ending on the thirtieth balanced twice in day of November in each year, shall, within thirty days next there- Ibid., s. 288. after be prepared by the Town Clerk, and delivered to the Auditors 833, 1903, s. 31. for examination ; for which purpose the Town Clerk shall produce to them the audited accounts of the Corporation for the preceding year, and all books, papers, and vouchers relating to the Corporation accounts, which may be required by the Auditors for such audit.
469. The Auditors shall carefully examine such accounts and Auditors' duties. balance sheet, with the books, papers, and vouchers of the Corpora- M... Act, 1890, tion, and correct or alter the same as may be found necessary;
Municipal Corporations Act.—1923. and for the purpose of completing such audit, their duties shall continue until such accounts have been duly examined and audited by them, notwithstanding that their successors may have been appointed.
Balance-sheet to be
470. (1) An account of all moneys received and expended by virtue of, and for the purposes of this Act, signed by the Mayor and Town Clerk, and certified by the Auditors, shall, on or before the first day of March in each year, be laid before the Parliament of the State if then in session, otherwise as soon thereafter as Parliament is sitting
(2) Such account shall be made up for the year ending on the thirtieth day of November next preceding the month in which the same is laid before Parliament, and shall specify
(a) the total sum received from each source of income ;
Balance-sheet to be published in certain
833, 1903, s. 25.
471. (1) Any Council or local authority which constructs or purchases any tramways undertakings, gasworks, electric light works, or other services, shall, once in every year after the first year's working thereof, cause to be laid before it and published in one daily newspaper circulating in the Municipality a statement of and balance sheet of the accounts of such tramways undertaking, gasworks, electric light works, or other services, and of the working thereof during the year then last past.
(2) Such statement and balance-sheet shall be drawn up in such form as to distinguish capital from income, and to show the original cost of the construction or purchase and the receipts and expenditure of such year.
(3) The Council or local authority shall thereupon fix annually a schedule of fares and the charges to be made in the then ensuing year in connection with such tramways undertaking, or for the supply of gas or electric light or other services.
(4) The fares and charges so fixed shall be such that, so far as is reasonably practicable, the revenue of that year shall not be less than the expenditure of that year.
(5) The charges fixed under this section for the supply of gas or electric light shall not exceed the maximum rates, if any, specified in The Gas and Electric Lighting Act, 1891.
Municipal Corporations Act.—1923.
Ibid., s. 7.
GOVERNMENT GRANTS. 472. Grants of money shall be made in every year to Corporations Grants to be made out of the general revenue of the State as provided by this Part.
481, 1890, s. 6. 473. (1) So far as concerns any Municipality in which Division Amount of grants. III. of Part XXIII. is not in operation the grant shall be of an amount equal to Five Shillings in the Pound on the amount of the 1517, 1922, s. 4. general rates, not exceeding One Shilling in the Pound, declared on the assessment during any one year, and actually collected by the Corporation claiming such grant.
(2) So far as concerns any Municipality in which Division III. of Part XXIII. is in operation the grant to the Corporation of such Municipality shall be an amount equal to Five Shillings in the Pound on the amount of any general rates (not exceeding Three Pence in the Pound) declared on the assessment during any one year and actually collected by the Corporation claiming such grant.
474. (1) The Treasurer shall withhold any grant until he is Treasurer to withold satisfied that the rates in respect of which such grant is claimed spint tiegrates not have been actually collected.
(2) In case an examination of the books and accounts of the Corporation is deemed necessary before paying any grant, the Treasurer may deduct from future grants to such Corporation the cost of such examination and any over-payments that have been made.
PART xxx. POWER TO TAKE LAND FOR WORKS AND
UNDERTAKINGS. 475. Subject to the provisions of this Act, the Corporation of Power to take land every Municipality may, in any case not provided for by the Roads compulsorily. Act, 1884, compulsorily take land within the Municipality, except 8. 291. park lands and public reserves, and, with the consent of the Governor, land in any part of the State, for the purpose of executing any of the works and undertakings which it is authorised by this or any other Act to execute.
M.C. Act, 1890,
Ibid., s. 292.
476. (1) Whenever any Council deem it expedient to execute Plans, &c., of works, any work or undertaking for the purpose whereof the exercise of etc., to be prepared. any compulsory power of taking land will in their opinion be necessary or desirable, they shall cause their Surveyor to prepare such specifications, maps, plans, sections, and elevations as are necessary.
Municipal Corporations Act.—1923. (2) Such specifications, maps, plans, sections, and elevations
(a) the nature and extent of such work or undertaking;
and to be extended ;
reputed lessees, and the occupiers thereof so far as known. (3) Such specifications, maps, plans, sections, and elevations, when so prepared and approved by the Council, shall be deposited at the Town Office, and shall be open for inspection by all persons interested at all reasonable hours for the space of forty clear days after notice has been given by advertisement in the Gazette, as hereinafter provided.
(4) Any Clerk or other person having the custody of the said specifications, maps, or other papers who refuses to permit such inspection shall, for every such offence, be liable to a penalty not exceeding Five Pounds.
479. (1) The Council shall forth with, after the said specifications, maps, plans, sections, and elevations have been deposited, cause to be published in the Gazette, and twice in some newspaper generally circulating in the neighborhood, a notice(a) describing shortly the purport of the said specifications,
maps, and other papers ; (b) stating that the same are deposited for inspection and
the place where they are so deposited ; and (c) calling upon all persons affected by the proposed work
or undertaking to set forth in writing, addressed to the Council or the Clerk, within forty days from the publication of such notice in the Gazette, all objections which
such persons have to the work or undertaking. (2) The Council shall also, within one week after such publication in the Gazette, serve a notice in manner hereinafter mentioned on every owner or reputed owner, lessee or reputed lessee, and occupier of the lands proposed to be taken, defining in each case the particular land intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neutral in respect of taking such land. (3) Such notice may be served(a) by delivering the same personally to the person required
to be served, or, if such person is absent from the State,
to his agent; or (b) by leaving the same at the usual or last-known plave of abode of such person ; or
Service of notice.
Municipal Corporations Act.—1923.
usual or last-known place of abode of such person, the
478. At the next ordinary meeting of the Council, after the Objections. expiration of forty days from the publication of such notice in the Ibid., s. 294. Gazette, any person affected by the proposed work or undertaking, or his agent or manager for the property in respect of which he is so affected, who has set forth in writing his objections to the said work or undertaking within the time limited by section 477 for the purpose, may appear in person or by counsel, solicitor, or agent, before the Council in support of such objections.
479. The following provisions shall apply on the hearing of such Hearing of objecobjections :(a) The Council may hear, receive, and take evidence upon
oath, affirmation, or declaration :
person acting as chairman at the meeting of the Council,
for the purpose of their examination :
administer and take for the Council all necessary oaths,
480. (1) The Council may, after the expiration of such term of Order for execution forty days, and after hearing all objections (if any) so set forth as aforesaid and such evidence as the Council require, if it appears to them expedient to proceed with the work or undertaking, make an order directing the work or undertaking to be executed according to the specifications, maps, plans, sections, and elevations deposited as aforesaid.
(2) If it is found to be necessary for the purpose of any such work or undertaking to take any land compulsorily, the Council shall cause such order, together with true copies of all such specifications, maps, plans, sections, and elevations, and with the written objections (if any) set forth as aforesaid, to be transmitted to the Minister.
(3) The Minister shall consider the same respectively, and shall, for the purpose of such consideration, have the like powers as are by section 479 vested in the Council and in the person acting as chairman, and may confirm the said order with or without variation or may disallow such order.
(4) Notice of the confirmation or variation of any such order shall be forthwith published in the Gazette.
481. (1) Upon