PART The District Councils Act.-1914. XIX. (Sections 329-332)-Government Grants. PART XX. (Sections 333-350)-Loans. PART XXI. (Sections 351-375)-Polls of Ratepayers. PART XXII. (Sections 376-391)-By-laws and Regulations DIVISION 1.-By-laws: DIVISION II.-Regulations. PART XXIII. (Sections 392-427) -Penalties. PART XXIV. (Sections 428-457)-Legal Procedure. PART XXV. (Sections 458-470)-Evidence. PART XXVI. (Sections 471-477)-Miscellaneous Matters. 5. (1) The Acts mentioned in the First Schedule are hereby Repeal. repealed to the extent therein mentioned. (2) Such repeal shall not affect any right accrued, any liability, forfeiture, or penalty incurred, or liable to be imposed, any offence committed, any thing done or omitted to be done, or the effect of the doing or omission of any thing, before the commencement of this Act, nor any legal proceedings commenced before or after the commencement of this Act with respect to any such right, liability, forfeiture, penalty, offence, doing, omission, or thing. (3) All legal or other proceedings bona fide commenced, and now pending under the Acts hereby repealed, or any of them, shall proceed under the provisions of this Act. (4) Where in any Act in force at the commencement of this Act any Act hereby repealed or any provision thereof is referred to, such reference shall, as far as practicable, be deemed to be a reference to this Act or to the corresponding provision (if any) of this Act. PART I. Councils existing 6. (1) Except so far as is by this Act otherwise provided, all Dis- Provisions as to tricts, wards, and District Councils now existing and heretofore before the commenceconstituted and designated and appointed under the Acts hereby ment of this Act. repealed, or any of them, or under any Acts heretofore in force D.C. Act, 1887, respecting District Councils, which District Councils are named in the Second Schedule, shall be and continue Districts, wards, and District Councils under and subject to the provisions of this Act. (2) All councillors, chairmen, and officers or other persons now ap pointed, elected, or holding any offices under or by virtue of such repealed Acts, or any of them, or under or by virtue of any Acts heretofore in force respecting District Councils, which offices it would be lawful for such persons to hold under the provisions of this Act, shall continue in and hold such offices under and subject to the provisions of this Act. (3) All lands, tenements, and hereditaments now vested in a Council shall, subject to the provisions of this Act, continue to be vested in and be the property of such Council. (4) All other property now belonging to a Council shall, subject as aforesaid, continue to be the property of such Council. (5) All sec. 4. PART 1. Interpretation. D.C. Act, 1887, sec. 6. D.C. Amendment Act, 1904, sec. 3. No. 419 of 1887. The District Councils Act.-1914. (5) All rates and debts due before the commencement of this Act to a Council may be collected, levied, and recovered in manner provided by this Act for the recovery of rates and debts. (6) All rights, powers, liabilities, contracts, and engagements of a Council, or an officer or other person appointed or elected under the provisions of such repealed Acts, or any of them, or under any Acts or laws heretofore in force respecting District Councils, or into which any such District Council, officer, or person has entered, or to which any such District Council, officer, or person was, before the commencement of this Act, entitled or subject under the said Acts, or any of them, immediately before such commencement, may be enforced by and against the said Council, officer, or person, subject in all cases to the provisions of this Act. (7) All by-laws of a Council which were in force at the commencement of this Act shall, unless inconsistent with any provision of this Act, continue in force as if they were by-laws made under this Act. 7. In this Act, except where the context or subject-matter requires a different construction, "Acting-chairman" means the councillor for the time being presiding at a meeting of the Council in the absence of the Chairman: "Business day" means any day not being a Sunday, Good Friday, Christmas Day, or public or bank holiday: "Chairman" means the chairman of a Council: "Clerk" means the District Clerk continued in office by or appointed under this Act: "Council" or "District Council" means a District Council by or under this Act continued or established: "Councillor" means a member of a Council: "Crown lands" means any lands within the State belonging to the Crown, which (a) are not granted or contracted to be granted in fee simple, or for any less 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 occupation of any person, and (b) are not reserved for or dedicated to any public purpose, but does not include any land which has been acquired by or on behalf of the Crown under any statutory provision authorising the acquisition of land for the purposes of closer settlement: "District" means a District heretofore existing under "The District Councils Act, 1887," or constituted by or under or continued by this Act: "District office" means the office of a District Council: "Extraordinary The District Councils Act.-1914. Extraordinary vacancy" means any vacancy in an office arising otherwise than by effluxion of time: "Gazette" means The South Australian Government Gazette: "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. 66 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 "Occupier" means the occupier of any land or the person who Outlying district" means any portion of the State, whether comprising 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 "Public notice" means notice given by advertisement in the (a) Land belonging to the Crown not granted or con- 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. (6) 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: (ƒ) 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 Health Act" means "The Health Act, 1898": "The Manufacturing Districts Acts" means "The Manufacturing "The "The 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 I. "Township" means any Government township, and any land D.C. Amendment Act, laid out as a township, plans whereof have been deposited 1904, sec. 3. 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. 8. (1) The councillors of every District, whether existing at the Incorporation of commencement of this Act or constituted by or under this Act, shall Councils. be a body corporate under the title of "The District Council of D.C. Act, 1887, such blank being filled in with the distinctive name of sec. 8. the particular District. etc. (2) Every Council shall have perpetual succession, and shall, Perpetual succession, by its corporate name, be capable in law of suing and being sued, and of purchasing, holding, and alienating land and other property, 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 at the District office. 9. (1) The D.C. Act, 1887, secs. 8 and 363. |