Page images
PDF
EPUB

The Gawler to Angaston Railway Act.-1907.

And shall have a square printed opposite each such sentence, and nothing else shall be inserted in, or placed on, such voting-paper:

Is. There shall be provided one or more separate apartments or places forming part of the polling-booth, into which the voter shall, on receiving his voting paper or papers, immediately retire, and there alone and in private, without interruption, indicate his vote or votes by making a cross within one of the squares on his voting-paper, or on each of his voting-papers, as the case may be, opposite the sentence which expresses his wish, and shall then fold the paper or papers and immediately deliver it or them so folded to the Returning Officer or his Deputy, who shall forthwith publicly, and without opening the same, deposit it or them in a box to be provided for that purpose; and no voting-paper so deposited in any box shall on any account be taken therefrom unless in the presence of the scrutineers after the close of the poll. No voting-paper shall be received unless it be so folded as to render it impossible for the Returning Officer, his Deputy, or any other person to see which way the vote is given:

x. Any voter wilfully infringing any of the provisions of this section, or obstructing the voting by any unnecessary delay in performing any act within the said polling-booth or room, shall be guilty of a misdemeanor:

XI. Any voter may signify to the Returning Officer or his Deputy that, by reason of blindness or defective eyesight, he is unable to vote without assistance, and thereupon such Officer or Deputy, if satisfied of such inability, shall permit any agent named by such voter to accompany him into the apartment or place for voting to mark the voting-paper on such voter's behalf, and shall receive such paper from such agent and deposit it in the ballot-box: XII. The only persons who shall be allowed to remain in the polling-booth or room shall be the persons about to vote, the Returning Officer, the Deputy Returning Officer, and the scrutineers:

III. No inquiry shall be permitted at any poll as to the right of any person to vote, except as follows, that is to say:The Returning Officer or his Deputy may, or if required by any scrutineer shall, put to any person applying for a voting-paper at the time of his so applying, but not afterwards, the following questions, or any of them, and no other:

(1) Are

you

person

the whose name appears as and as the owner (or occupier) of the property set opposite your name in the assessmentbook now in force for this District?

(2) Have

Certificate of result of poll.

The Gawler to Angaston Railway Act.—1907.

(2) Have you already voted at the present poll?
(3) Are you the owner (or the occupier) within the
meaning of "The District Councils Act, 1887"
(or other Act in force relating to District Coun-
cils) of the property for which you now claim
to vote?

And no person shall be entitled to vote unless his answer
to the first and third questions, or such of them as shall be
put to him, shall be in the affirmative, and to the second,
if put, in the negative; and any person who shall wilfully
make a false answer to either of such questions shall be
guilty of a misdemeanor:

XIV. Every person who shall vote a second time, or offer to vote a second time, at any poll, or who shall personate any other person for the purpose of voting at any such poll, shall be guilty of a misdemeanor, and upon conviction shall be imprisoned for a term not exceeding six months:

xv. Immediately before taking the votes the Returning Officer, or Deputy Returning Officer, shall exhibit the ballot-box empty; and shall, immediately upon the close of the voting, publicly close and seal the box containing the votingpapers which shall have been taken at the voting-place at which he presided, and each Deputy Returning Officer shall, with as little delay as possible, deliver, or cause his box to be delivered, to the Returning Officer; and any Returning Officer or Deputy Returning Officer who shall unlawfully tamper with any ballot-box or voting-paper shall be guilty of a misdemeanor, and be liable to imprisonment for a term not exceeding six months:

xv. At the close of the poll the Returning Officer shall fix a time, as soon as conveniently may be, for examining the votes and declaring the result of the poll, and shall, in the presence of one at least of the scrutineers, and of as many more as choose to be present, open all the boxes containing voting-papers delivered in at the taking of the poll, and shall examine such voting-papers, and shall reject all such as shall contain crosses against both of the above-mentioned sentences, or shall contain anything other than such matters as are herein before prescribed for such voting-papers: And shall openly declare the general state of the votes at the close of the poll, as the same shall be made up by him from the voting-papers taken at the several voting-places: And shall declare the result of the poll:

XVII. All voting-papers shall be preserved by the Returning Officer until three months after the declaration of the result of the poll.

12. The result of each poll shall be embodied in a certificate under the hand of the Returning Officer in the form of the Second

Schedule

The Gawler to Angaston Railway Act.-1907.

Schedule to this Act, or in a form to the like effect. The certificates shall be published in the Gazette, which shall, after the expiration of three months from the declaration of the result, be conclusive evidence of such result, and of the validity of the poll, and the performance of all conditions precedent thereto.

suance of this Act.

13. If the results of such polls be that two-thirds or more of the Order for construction votes of all the ratepayers voting approve of the railway being con- of railway in purstructed in pursuance of this Act, the Governor may make an order that the railway shall be constructed in pursuance of this Act, and the order shall be published in the Gazette. The railway shall not be constructed unless and until such order shall be so published.

14. In assessing the purchase-money or compensation to be paid Betterment provision in respect of land purchased, taken, or acquired for the purposes of the undertaking hereby authorised, allowance shall be made in favor of the Commissioner for any increased value given by such undertaking to any other land of the same owner, but no such allowance shall in any case be more than the purchase-money and compensation which would, but for this section, have been payable to the owner in respect of the land so purchased, taken, or acquired.

15. A statement of the cost of the railway shall, within a reasonable time after the completion thereof, be published by the Commissioner in the Gazette, which shall be conclusive evidence of such cost.

Statement of cost of published in Gazette. railway to be

16. All moneys received in respect of goods carried on the Constitution of fund. railway shall be carried by the Commissioner to a fund to be constituted for the Railway District, and to be called "The Angaston Railway District Fund."

carriage of goods

17. There shall also be carried to the said fund one-half Net profits from of the moneys received for the carriage of such goods on other lines.

18. Full and separate accounts shall be kept by the Commissioner of the receipts and working expenses in respect of the railway for each year, and an abstract of such accounts shall be published by the Commissioner in the Gazette within three months after the end of the year.

19. The working expenses of the railway, which shall be a first charge upon such fund, and interest at the rate of four per cent. per annum on the cost of the railway, shall be paid out of the said fund.

through other lines to

be carried to fund.

Separate accounts of railway.

Working expenses paid out of fund.

and interest to be

20. If in any year the amount standing to the credit of the fund Deficiency, if any, shall not be sufficient to pay the working expenses in respect of how made good. such railway and interest at the rate of four per centum per annum on the cost of the railway, the deficiency in respect of the working expenses, if any, shall be made good by the Commissioner, and in

respect

Commissioner to make requisitions.

Council to declare rate.

Railway rate, how to be declared.

Use or transcription of existing assessment-book.

Railway rate to be entered in assessmentbook.

The Gawler to Angaston Railway Act.-1907.

respect of interest shall be made good by the District Councils of Barossa, Mount Crawford, South Rhine, Tanunda, Nuriootpa, Angas ton, and Belvidere, respectively, in manner hereinafter provided.

21. When any sum shall be required from the said District Councils to make good a deficiency in respect of interest under section 20

1. Each of the said District Councils shall, on the request of the Commissioner, furnish to him a certificate under the hand of the chairman of the Council showing the assessed value of the ratable property in its District and situated within the Railway District:

11. The Commissioner shall apportion the sum required between the said District Councils in proportion to the assessed value, according to the District Council assessment for the time being in force, of the ratable property comprised in the Railway District and situated in the District of each such Council; and shall forward to the clerk of each such Council a requisition under the hand of the Commissioner for the proportion of the required sum chargeable to such District Council according to the Commissioner's apportionment:

III. Every such requisition shall be published in the Gazette, which shall be conclusive evidence of the validity of the requisition, and of the due performance of all conditions precedent thereto, and to the declaring of a rate under the provisions hereinafter contained.

22. Upon any such requisition being so forwarded, the Council concerned shall forthwith declare a rate sufficient to produce the sum mentioned in the requisition.

23. Such rate shall be called a railway rate, and shall be declared on the assessment then in force, and on the ratable property situated in the District Council District and comprised within the Railway District.

24. For the purposes of such rate the Council may either use the assessment-book already existing or may transcribe the necessary portions thereof into a separate assessment-book, and may make such apportionment, or separate and fresh assessment, as shall appear just in any case where only part of the property comprised in one assessment shall be situated within the Railway District.

25. The railway rate when declared shall be entered in Part II. of the assessment-book, and so that particulars, similar to those required in the case of other rates made by the Council, shall be entered in a proper column opposite the names of the ratepayers liable to pay the railway rate, and the assessment-book shall at all times show a complete record of the moneys due for such rate in respect of every assessed property. 26. The

The Gawler to Angaston Railway Act.-1907.

tions of assessment

26. The Council may make such additions to or alterations in Additions to or alterathe form of Part II. of the assessment-book used for the railway book. rate as shall be expedient for carrying out the purposes of this Act.

rate.

27. Within fourteen days after declaring any railway rate the Notice of railway Council shall cause notice to be given in the Gazette, and in a newspaper (if any) generally circulating in its District, of the nature and amount of the rate, in the form in the Third Schedule hereto, or in a form to the like effect.

within two years

28. If within two years from the publication in the Gazette If amount of of a requisition upon either of the said District Councils as requisition not paid herein before provided the amount of the requisition shall not be Commissioner may paid to the Commissioner, he may publish in the Gazette a notice in the form in the Fourth Schedule hereto, or in a form to the like effect.

publish notice.

29. Upon such publication all the rights and powers of the Transfer to CommisCouncil in reference to the recovery of the railway rate or rates sioner of Council's rights for recovery of mentioned in the notice, or for the letting or sale of land for non- rate. payment of such rate or rates, shall be transferred to and vested in the Commissioner; and the Commissioner, or any person authorised by him in that behalf, may exercise any power or do any act which could before such publication have been exercised or done in reference to the recovery of any such rates by any district clerk, collector, receiver, or other officer of or person acting under the authority of the Council.

30. If any railway rate shall not within one year from its Supplementary declaration produce the required sum, the Council shall from time railway rates. to time declare another railway rate until the required sum shall be produced; and all the provisions of this Act with regard to a rate declared under section 22 shall, so far as applicable, apply to a rate under this section.

31. If any railway rate shall produce more money than required Application of surplus for its purpose, the surplus shall be held by the Council as a fund of railway rate. applicable towards meeting any requisition thereafter made by the Commissioner under this Act, and so much thereof as shall not be required for that purpose within five years from the declaration of the rate shall be applied from time to time towards payment of any District Council rate due in respect of the ratable property on which the railway rate shall have been paid.

32. All the provisions of The District Councils Act, so far as the same relate to rates declared under such Act and the recovery thereof (except as to limitations of the amounts of such rates), shall, subject to the provisions of this Act and so far as applicable, apply to railway rates under this Act.

33. The

Application of

to railway rates.

District Councils Act

« EelmineJätka »