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The District Councils Act.-1914.

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"Extraordinary vacancy means any vacancy in an office arising otherwise than by effluxion of time:

"Gazette" means The South Australian Government Gazette :

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Justice" means Justice of the Peace for the State:

"Minister of religion" means any bishop, or any minister of a regular religious congregation, or any minister authorised to

celebrate marriages:

PART 1.

"Motor vehicle" means any vehicle driven or propelled, or Motor Vehicles Act, ordinarily capable of being driven or propelled, either wholly 1907, s. 3.

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 the locality under the local government of a Municipal Council:

"Nomination day," or "day of nomination," means day fixed

for nominations:

"Occupier" means the occupier of any land or the person who
for his own use and benefit is in actual and bona fide occu-
pation of the land for which he is assessed as occupier:
"Officer" means any clerk, treasurer, surveyor, assessor, collector,
poundkeeper, inspector, ranger, constable, or other person
appointed to an office by a Council:

"Outlying district" means any portion of the State, whether com-
prising a municipality or part thereof or not, for the time
being not included in any District:

"Owner" includes the person for the time being receiving or
entitled to receive the rents and profits of any lands or here-
ditaments within a District, whether on his own account or
as agent, trustee, or attorney:

"Public notice" means notice given by advertisement in the
Gazette and by posting handbills on every post office in
the District and on every other place appointed by the
Council by by-law as a place for posting notices: Provided
that, in any case where posting on post offices is not
permitted by the Commonwealth Postal authorities, public
notice shall be deemed complete without posting thereon:
"Ratable property " means and includes all lands, tenements, and
hereditaments (including land belonging to the Crown),
except-

(a) Land belonging to the Crown not granted or con-
tracted to be granted in fee-simple, or for an
estate of freehold, and not held by any person
under an agreement containing a covenant to
purchase the same, nor leased to or in the occupa-
tion of any person, unless the land has been acquired
by or on behalf of the Crown under a statutory
provision authorising the acquisition of land for
the purposes of closer settlement:

(b) Lands

PART I. Municipal Corporations Act, 1890, sec. 6.

Public Library, &c., and Institutes Act, 1909, sec. 62.

No. 1003 of 1910.

D.C. Amendment Act, 1904, sec. 3.

The District Councils Act.-1914.

(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 hospital, benevolent institution, or building used exclusively for charitable purposes:

(d) Any church, chapel, or building used exclusively for public worship:

(e) Any building or part of a building used exclusively as a school, whether public or private :

(f) Lands and buildings belonging to and used and occupied by an urban, suburban, or country institute, but so nevertheless that any land or building, or part of any land or building, belonging to any urban, suburban, or country institute, which is for the time being let and not in the occupation of such institute, shall not be included in this exception:

(g) Any land which, under the provisions of "The Recreation Grounds Taxation Exemption Act, 1910," is exempt from rating:

"Ratepayer" means and includes the occupier of ratable property, and also the owner (other than the Crown) of ratable property, whether occupied or not, within a District, whose name appears in the assessment-book of such District in respect of such property:

"The Minister" means the Minister of the Crown to whom for
the time being the administration of this Act is committed
by the Governor :

"The Health Act" means "The Health Act, 1898":
"The Lands Clauses Consolidation Acts" means "The Lands
Clauses Consolidation Act" (being No. 6, 1847), an Act to
amend the same (being No. 26, 1855-6), the "Lands
Clauses Consolidation Amendment Act, 1881," and "The
Lands Clauses Consolidation Further Amendment Act,
1911":

"The Manufacturing Districts Acts" means "The Manufacturing
Districts Act" (being No. 212, 1881), and "The Manufac-
turing Districts Amendment Act" (being No. 249, 1882):
"The Real Property Acts" means "The Real Property Act,
1886," "The Real Property Amendment Act, 1887,"" The
"The
Real Property Amendment Act, 1893," and "The Estates
Tail Act, 1881":

"The

66

The District Councils Act.-1914.

The Slaughterhouse Acts" means the Ordinance No. 5 of 1840,
and the Ordinance No. 2 of 1844:

"The Commonwealth" means the Commonwealth of Australia:
"The State" means the State of South Australia:

"This Act" includes by-laws and regulations made under, or con-
tinued in force by, this Act:

PART 1.

1904, sec. 3.

"Township" means any Government township, and any land D.C. Amendment Act, laid out as a township, plans whereof have been deposited in the Lands Titles Registration Office, the General Registry Office, or the Surveyor-General's Office; and also includes any town, township, or village containing at least forty dwelling-houses, the boundaries whereof have been defined by a resolution of a Council published in the Gazette: "Treasurer” means the Treasurer of the State, or the Minister of the Crown for the time being discharging the duties of such Treasurer:

"Ward" means a ward of a District:

Notwithstanding anything herein before contained, when any Act or a provision of any Act is referred to in this Act, such reference shall be deemed to include any Act or provision of an Act amending or substituted for such Act or provision and any Act or provision amending such substituted Act or provision:

Notwithstanding anything hereinbefore contained, when any Act is referred to in this Act, such reference shall be deemed to include all regulations and by-laws for the time being in force thereunder.

PART II.

CONSTITUTION OF DISTRICTS AND COUNCILS.

Constitution and Incorporation.

PART II.

Councils.

8. (1) The councillors of every District, whether existing at the Incorporation of be a body corporate under the title of "The District Council of D.C. Act, 1887, commencement of this Act or constituted by or under this Act, shall

the particular District.
such blank being filled in with the distinctive name of sec. 8.

etc.

(2) Every Council shall have perpetual succession, and shall, Perpetual succession, Corporate name, be capable in law of suing and being sued, purchasing, holding, and alienating land and other property,

by its

and of

and of doing and suffering, subject to this Act, all such other acts

and things
as bodies corporate may by law do and suffer.

(3) Every Council shall have and use a common seal, which shall Common seal. have thereon the corporate name of the Council, and shall be kept D.C. Act, 1887, secs. at the District office.

9. (1) The

8 and 363.

PART II

Number of councillors.

D C. Act, 1887,
Sec. 9.

Stream or watercourse forming a common

boundary.

D.C. Act, 1887, sec. 10.

The District Councils Act.—1914.

9. (1) The number of councillors for a District shall be not less than five nor more than ten.

(2) As regards the Districts named in the Second Schedule, the number of councillors for each District, or where the District is divided into wards for each ward, shall be as fixed before the commencement of this Act, or as, subject to the limitation imposed by subsection (1) of this section, fixed under the provisions of Division I. of Part III. As regards-other districts, the number of councillors for each district, or where the District is divided into wards for each ward, shall be, subject as aforesaid, as fixed under the provisions of the said Division I.

10. Where any stream, creek, or watercourse is or has been described as the boundary of a District, or of a ward thereof, a line along the middle of such stream, creek, or watercourse shall be deemed to constitute such boundary.

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Arrangement of this
Part.

DIVISION I.

General powers of
Governor to constitute
Districts and alter

their boundaries.

D.C. Act, 1887, sec. 15 altered.

Pastoral Act 1904, sec 124.

CONSTITUTION OF NEW DISTRICTS AND CHANGE
OF CONSTITUTION OF DISTRICTS.

11. This Part of this Act is divided as follows:

DIVISION 1.-General Powers of the Governor as to

Districts:

DIVISION II.-Union of Districts by Order of the Governor:

DIVISION III.-Severance of Portions from Districts:

DIVISION IV.—Annexation of Portions to Districts:
DIVISION V.-Subdivision of Districts:

DIVISION VI.-Procedure.

DIVISION I.-GENERAL POWERS OF THE GOVERNOR AS TO
DISTRICTS.

12. The Governor may, subject to the provisions of this Act-
1. Constitute a new District consisting of any part of the State
not being land held under a pastoral lease which—
(a) Contains ratable property capable of yielding Two
Hundred Pounds upon a rate not exceeding One
Shilling in the Pound on the value thereof, esti-
mated under the general provisions of this Act:
and

(b) Is either an outlying district, or partly an outlying
district and partly land comprised within one or
more previously existing districts:

II. Appoint

The District Councils Act.-1914.

11. Appoint the first two auditors for such new District, or for a new District constituted under subsection v. of this section:

1. Appoint, subject to the provisions of section 9, the first councillors for any such new District, or, if such new District is divided into wards, the first councillor or councillors. for each such ward:

PART III

DIVISION I

IV. Appoint any person to fill any vacancy occurring in the M.C. Act, 1890, office of councillor or auditor in any such new District sec. 18. before the time appointed by this Act for the first election

in such District:

v. Unite any number of Districts, the areas whereof form one continuous area, into one District:

VI. Sever any portion of the State forming part of a District from such District, and either declare it a new District, or that the severed portion shall no longer form part of a District, or annex such portion to any other District, with which the portion so severed forms one continuous area, and, in any such case, make any apportionment of property, rights, and liabilities, and give directions as to any matters and things that may be necessary to do justice as between the Districts concerned:

VII. Annex to a District any outlying district forming one continuous area with the area of such District, and where such outlying district is annexed as a new ward or new wards, appoint the first councillor or councillors for such ward or wards:

VIII. Subdivide or re-subdivide a District into a number of wards, and alter the boundaries of or abolish any or all of the wards of a District; but so that no ward shall be subdivided more than once, except on the re-subdivision of the whole district:

IX. Unite any number of wards of a District, the areas whereof New. form one continuous area, into one ward:

x. Alter and adjust the boundaries of adjoining Districts, and determine any questions arising out of such alteration and adjustment:

XI. Determine and alter, subject to section 9, the number of councillors of a District not divided into wards, and the number of councillors for each or any ward where the District is divided into wards:

XII. Alter the name of a District or ward.

13. The powers conferred by the next preceding section shall not be exercised in such manner as to divide a municipality or sever any portion therefrom.

B-1182

Exemption of severance.

municipality from

D.C. Act, 1887,

14. The sec. 15.

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