An Act relating to the Erection of Abattoirs for the City and Suburbs of Adelaide, and for other purposes. BE [Assented to, December 2nd, 1908.] E it Enacted by the Governor of the State of South Australia, follows: PART I. PART I. PRELIMINARY AND APPLICATION OF ACT. 1. This Act may be cited as "The Metropolitan Abattoirs Act, Short title. 1908." PART v.-Markets for Stock: PART VI.-Power to take Land, &c.: PART VII.-Extension of the Metropolitan Abattoirs Area: PART VIII.-Regulations: PART IX.-Miscellaneous. A- 957. PART I. Interpretation. New Zealand, 1900. No. 30, sec. 2. The Metropolitan Abattoirs Act.-1908. 3. In this Act, and in proceedings and regulations thereunder, the terms in inverted commas shall have the meaning stated, except where some other meaning is clearly intended "Abattoirs" shall mean the abattoirs to be erected pursuant to this Act: "Act" includes regulations: "Board" means "The Metropolitan Abattoirs Board" created by this Act: 66 Brand" means any trade mark or stamp, and includes any tag, "Carcass" includes the whole or any part of the flesh, wool, "Council" or "District Council," and "District" shall have the "Disease" means the following diseases:-Tuberculosis, pleuropneumonia, cancer, actinomycosis, anthrax, hydatids, worms of various sorts, and other inflammatory bacterial and parasitic diseases, and includes advanced pregnancy, recent parturition, and any such other defect or infirmity in the condition of stock or meat as in the opinion of any Inspector renders it unfit for human consumption, and also any other disease the Governor may by Proclamation declare to be a disease for the purposes of this Act: "Diseased" means infected or affected with disease: 66 Inspector" means an inspector appointed under this Act. The "Meat" means the flesh of any slaughtered stock, whether such and 66 The Metropolitan Abattoirs Act.-1908. and West Torrens, and so much of the area of jurisdiction of the District Council of Mitcham as is defined in the First Schedule hereto, and the areas of jurisdiction and of such other Municipal Corporations and District Councils, or such parts thereof respectively as may hereafter by Proclamation be declared to be within the metropolitan abattoirs area: Municipality and Corporation" shall have the respective meanings assigned to them by "The Municipal Corporations Act, 1890": "Municipal or District Council" means the Council of a Municipality incorporated or continued under "The Municipal Corporations Act, 1890," or the Council of a District incorporated or continued under "The District Councils Act, 1887": "Prescribed " means prescribed by this Act, or by any regulation thereunder: "Proclamation means a Proclamation by the Governor in the Government Gazette : "Public notice" shall mean notice by advertisement in the Government Gazette, and in two daily newspapers circulating in the metropolitan abattoirs area: "Small goods" means any article of food prepared either wholly or in part from small parts of meat: "Stock" means cattle, including horses, sheep, swine, goats, and poultry of all kinds, and includes all other animals which the Governor may from time to time, by Proclamation, declare to be stock for the purposes of this Act: "The Mayor" shall mean and include the Mayor of the Corpora tion of the City of Adelaide, and the person for the time being appointed to perform the duties of the Mayor by reason of his death, absence, or any lawful impediment: "This Act" includes regulations made under this Act: 66 Vehicles" include every description of cart, wagon, truck, barrow, carriage, or other conveyance. PART 1. 4. (1) The Acts mentioned in the Second Schedule hereto are Repeal. hereby repealed as regards their operation within the metropolitan Second Schedule. abattoirs area to the extent mentioned in such Schedule only. (2) Such repeal shall not affect any liability, forfeiture, or penalty incurred, any offence committed, or anything done or omitted to be done before the passing of this Act, nor any legal proceedings commenced or hereafter to be commenced with respect to such liability, forfeiture, penalty, offence, or thing. 5. Notwithstanding anything contained in the Ordinance No. 8 Administration and of 1847, or in the "Licensed Hawkers Act, 1863," "The Markets construction of Act Clauses PART I. Application of Act. Metropolitan abattoirs area. Extension of area. Act not to apply to bacon brought into the abattoirs area. The Metropolitan Abattoirs Act.-1908. Clauses Act, 1870-71," "The District Councils Act, 1887," "The Municipal Corporations Act, 1890," "The Health Act, 1898," or any Act amending any of the said Acts, this Act shall be administered by the Board, and so far as the said Acts or any of them are inconsistent with this Act, the provisions of this Act shall prevail. APPLICATION OF ACT. 6. (1) The provisions of this Act shall extend to and have full force and effect within the metropolitan abattoirs area. (2) The Municipalities of the Cities of Adelaide and Unley and of the Towns of Hindmarsh, Kensington and Norwood, St. Peters and Thebarton, and the Districts of Burnside, Payneham, Prospect, Walkerville, and West Torrens, and so much of the District of Mitcham as is mentioned in section 3, and such other Municipalities and Districts, or such part thereof respectively as may be defined in any Proclamation under Part VII. of this Act, shall constitute the metropolitan abattoirs area. 7. The limits of the metropolitan abattoirs area may be extended by Proclamation under Part VII. of this Act. 8. Nothing in this Act shall apply to bacon not derived from swine slaughtered in the metropolitan abattoirs area, but which is Victoria, 1652, sec. 5. brought into the metropolitan abattoirs area from any place outside In this section "bacon " means dried, smoked, or salted flesh of swine. the same. Duty of Board. Chairman and constitution of Board. THE METROPOLITAN ABATTOIRS BOARD. 9. There shall be a Board, to be called "The Metropolitan Abattoirs Board," which shall be charged with the execution of this Act. 10. (1) The Board shall consist of— (a) The Mayor, who shall be ex officio Chairman, and One of such representative members shall be appointed by--- IV. The Councils of the Corporations of the Towns of Hind- v. The The Metropolitan Abattoirs Act.-1908. v. The District Councils of Burnside and Mitcham: vi. The District Councils of Prospect, Walkerville, and PART 11. Board may be altered. Provided that the Governor may, by Proclamation, at any time after Representation on twelve months from the passing of this Act, alter, increase, or diminish the number of representative members, and the representation of the constituent Corporations and Councils, and may rearrange the groups of constituent Corporations and Councils for the purpose of appointing representative members of the Board. Such Board shall be a body corporate, and shall have perpetual Perpetual succession succession and a common seal. (2) The Board by its corporate name may purchase, take, receive, accept, hold, acquire, and possess lands, tenements, and hereditaments (in fee simple or for any term of years or otherwise) and goods and chattels, and may grant, sell, convey, transfer, demise, assign, or otherwise dispose of the same, and may arbitrate or sue, implead, and answer and be sued, impleaded, and answered in all Courts and before all Judges, Magistrates, and arbitrators whomsoever, in all actions, pleas, suits, disputes, causes, and matters whatsoever, and do and exercise all such further acts and powers as may be done and exercised by virtue of the incorporation, and as are by this Act authorised to be done and exercised. (3) All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed to any instrument, and shall presume that the same was properly affixed thereto. and common seal. 11. Each member of the Board shall be paid out of the funds of Members of Board to the Board by way of remuneration for his services the sum of One be remunerated. Pound for each meeting of the Board he attends: Provided that no member shall be paid by the Board more than Fifty-two Pounds in any one year. 12. The appointment of any member of a Municipal or District Council as a member of the Board shall not disqualify such member from continuing a member of such Council, anything to the contrary contained in any Act of Parliament notwithstanding. 13. The Town Clerk of the Corporation of the City of Adelaide, Secretary and or the person for the time being appointed to perform his duties in treasurer. consequence of his death, absence, or any lawful impediment, is hereby appointed the secretary and treasurer of the Board during the period of five years from the passing of this Act, and shall during that period be responsible to the Board for the general management of the abattoirs and markets: Provided that the Board may at any time remove such secretary and treasurer and any of his successors in office if in its opinion he becomes incapable or unfit to hold or continue in office, or if he is convicted of any offence punishable by imprisonment. 14. (1) Immediately |