Page images
PDF
EPUB
[graphic][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small]

An Act to further amend the Renmark Irrigation
Trusts Acts, and for other purposes.

[Assented to, December 21st, 1907.]
E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

B

1. This Act may be cited as “ The Renmark Irrigation Trusts Short title and Acts Amendment Act, 1907,” and shall be incorporated with “ The incorporation. Renmark Irrigation Trusts Acts.”

2. Subsection (1) of section 15 of “ The Renmark Irrigation Repoal. Trusts Act, 1893,” hereinafter called the principal Act; and subsection (1) of section 10 of “ The Renmark Irrigation Trusts Loan Amendment Act, 1900," are hereby repealed.

Amendment of principal Act.

3. The principal Act is hereby amended as follows:
(a) By striking out in subsections (5) and (6) of section 15 the

words “and of Chaffey Brothers, Limited”:
(6) By striking out, in the sixth line of section 25, the words “one

month, and substituting the words “six months ”

therefor: (c) By striking out the whole of section 46, and substituting the following new section therefor:-

- 46. Except where otherwise provided, no person shall be entitled to nominate a candidate for election or to vote at any election or poll of ratepayers unless, before

the

A-933

The Renmark Irrigation Trusts Acts Amendment Act.—1907.

the day of nomination, in the case of an election, or at least ten days before any poll, all sums then due in respect of any rate or rates upon all land within the district for the payment of which he is primarily liable have been paid: Provided such rate or rates have been declared six months prior to such election; and any ratepayer or collector of rates or scrutineer appointed under this Act may object to any person voting if such rates are not paid. The clerk shall cause a list of all persons whose rates are paid in accordance with the provisions hereof to be prepared for use at every pollingplace, and such list shall constitute the voters' roll in respect of such polling-place; and, for the purpose of the annual elections, such list shall be compiled from the assessment-book for the year ending June thirtieth pre

ceding the day of election": (d) 1. By striking out in the ninth line of section 122 of the prin

cipal Act the words “this part of this Act,” and by sub

stituting therefor the words " section 120": II. The last-mentioned section shall operate as regards rates

either accrued or hereafter accruing due: (e) By striking out subsection v. of section 127, and substituting

the following new subsection therefor:“ v. At any election or poll every person of the age of eighteen

years or upwards, whose name appears as a ratepayer in the assessment-book in force for the time being, shall have one vote for every acre of ratable land in respect of which he is assessed. Any such ratepayer who at the time of the holding of the election or poll is distant more than twenty miles from the polling-booth, or is unable to attend owing to illness, may, subject to the proviso hereinafter contained, vote by his attorney under power, such power to be produced to the Returning Officer at the election or poll: Provided that a statutory declaration by such ratepayer as to his absence or intended absence, or as to such illness, be produced to the Returning Officer, together with such power. Any such declaration shall be conclusive evidence

of such absence or illness, as the case may be": (1) By inserting in subsection ix. of section 127 the words or

voting papers” after the words “voting paper" wherever

the latter words occur in that subsection. 4. Any order for sale heretofore made by the Supreme Court or a Judge thereof under the principal Act and all sales made and titles acquired pursuant to any such order are hereby confirmed and validated.

Previous sales validated.

Notice of application 5. No application under section 122 of the principal Act shall be a condition precedent. made to the Court unless it shall be then shown that at least one

month

The Renmark Irrigation Trusts, Acts Amendment Act.—1907,

month prior to such application the Trust posted a notice or notices addressed to the person or persons who at the time of such posting appeared in the register-book at the Lands Titles Registration Office at Adelaide as having any interest in the land in respect whereof an order for sale is sought. Such notice may be in the form in the Schedule hereto or to the like effect, and shall be deemed to be a sufficient notice of the said application to all persons concerned, but the non-receipt of such notice shall not affect any sale made under an order of the Court.

6. In every case where land has heretofore been or may hereafter After onze offered be offered for sale, pursuant to the provisions of section 122 of lands may be sold the principal Act, but no sale has thereupon taken place, the Trust privately. may at any time thereafter, without any further application to the Supreme Court, and without any further notice in the Government Gazette or to any person, sell such land either by public auction or private contract, and without any reserve or upset price, if the rates which were in arrear at the date when such land was first offered for sale as aforesaid, or any part of such rates, shall still remain unpaid.

7. When any land is offered for sale by public auction, pursuant Clerk of Local Court to the said section 122 or to section 4 hereof, it shall be lawful, may act as auctioneer. notwithstanding any other enactment, for the clerk of the Local Court at Renmark aforesaid, if at the time of such sale being ordered or determined upon there shall be no licensed auctioneer carrying on business at Renmark, to act as the auctioneer at such auction without taking out any licence in that behalf, and such clerk shall be entitled to be paid by the Trust the ordinary remuneration for his services as if he were a licensed auctioneer.

ceeds.

8. The proceeds of such sale, after payment of the expenses Application of prothereof and incidental thereto, shall be applied in paymentFirstly. Of such unpaid rates as aforesaid, together with interest

thereon at the rate of Ten Pounds per centum per annum; Secondly. Of any additional rates upon the same property which

at the date of such sale shall have accrued due and the like

interest thereon ; and the balance shall be paid into the Supreme Court in the matter of the petition filed pursuant to the said section 122, for the benefit of the parties entitled thereto.

9. Upon proper evidence of any such sale as aforesaid being Transfer to purchaser. adduced, a memorandum of transfer shall be executed by the Master as if he had been ordered by the said Court so to do, as provided in the said last-mentioned section.

10. The sum of Three Thousand Pounds, advanced to “ The Ren- Terms of repayment

of loans. mark Irrigation Trust, No. 1,” pursuant to “ The Renmark Irrigation Trusts Loan Act, 1896"; and also the sum of Sixteen Thousand

Pounds,

The Renmark Irrigation Trusts Acts Amendment Act.—1907.

Pounds, advanced to the Trust pursuant to said “ The Renmark
Irrigation Trusts Loan Act, 1900”; and also the sum of Six Hun.
dred and Forty-one l'ounds Five Shillings, being the amount of
interest which accrued due by the Trust in respect of the two first-
mentioned sums for the period from the first day of June, one
thousand nine hundred and five, to the thirty-first day of March, one
thousand nine hundred and six, all of which sums are hereby capita-
lised to form one principal sum of Nineteen Thousand Six Hundred
and Forty-one Pounds Five Shillings, together with interest on such
principal sum, shall be repaid by the Trust as follows:-
(1) Interest at the rate of four and a half per centum per annum

on the total principal sum of Nineteen Thousand Six Hundred
and Forty-one Pounds Five Shillings shall be paid as from the
first day of April, one thousand nine hundred and six, by
half-yearly payments up to and including the first day of
April, one thousand nine hundred and nine (the sum of One
Hundred Pounds in the hands of the Treasurer of the said
State to the credit of the said Trust on the twenty-ninth day
of November, 1905, being applied towards the first of such

half-yearly payments). (2) From and after the first day of April, one thousand nine hundred

and nine, the said principal sum of Nineteen Thousand Six Hundred and Forty-one Pounds Five Shillings, together with interest thereon at the rate of four and a half per centum per annum, shall be repaid by the Trust by half-yearly payments of Three Pounds Fourteen Shillings and Two Pence per centum on the amount of such principal sum and interest, the first of such payments to be made on the first day of October, one thousand nine hundred and nine.

Educational lands transferred to Trust.

11. The lands now vested in the Commissioner of Educational Lands pursuant to paragraph 18 of The Chaffey Brothers Agreement, as appears by certificate of title registered in the Lands Titles Registration Office at Adelaide, volume 579, folio 27, are hereby transferred to the “Renmark Irrigation Trust No. 1,” freed and discharged from the trusts created and declared by the said paragraph, but otherwise subject to all leases, mortgages, trusts, equities, and dealings now affecting the said lands; and upon production of the duplicate of such certificate of title to him the Registrar-General shall register the transfer thereof accordingly.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. LE HUNTE, Governor.

SCHEDULE

The Renmark Irrigation Trusts Acts Amendment Act.—1907.

SCHEDULE

NOTICE TO OWNERS, ETC.

Renmark Irrigation Trust, No. 1. To A B [here set out address appearing in register-book].

Take notice that there is now due to the above Trust in respect of (here describe property] the sum of £

for rates up to the year ending and unless the amount so due be paid to the Secretary to the Trust within one month from the posting of this notice a petition will be presented to the Supreme Court for an order for sale of the said land. Dated this

day of

, 190

.

Secretary of the said Trust.

Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.

« EelmineJätka »