5. Treasurer to borrow £200,000.

6. Interest on bonds.

7. Application of moneys.

ANALYSIS.

8. Moneys to be set apart half-yearly for payment of principal and interest.

9. Governor may advance moneys to be
repaid.

10. Interest on loan, how chargeable.
11. Certain interest to be regarded as capital.
12. Application of sewerage rates.

13. Sinking fund.

14. Annual accounts to be published.

INCORPORATION AND POWERS OF THE
COMMISSIONER.

30. Power to make roads.

31. Power to break up streets.

32. Notice to be served before breaking up

streets.

33. Street not to be broken up except under

superintendence.

34. Streets broken up to be reinstated without

delay.

35. Compensation for delay in reinstating

streets.

36. In certain cases parties other than the
Commissioner may reinstate.

37. Penalty for interference with works.
38. Water and gas pipes to be altered when
necessary.

39. Commissioner to keep sewers cleansed,
40. Owners and occupiers to make drains to
public sewers.

41. Commissioner to make drains in default
of compliance with orders.

42. No cesspit to be used after drains completed.

43. Drains how to be constructed.

44. No private drain or sewer to be made without notice.

45. Drains to be cleansed.

46. Owners beyond drainage area.

47. Ventilators may be made.

48. Cost of drains, by whom payable.

Preamble.

Short title.

Interpretation.

An Act for the Better Sewerage and Cleansing of the City of Adelaide and the Suburbs thereof.

WH

[Assented to, 30th November, 1878].

HEREAS it is expedient that the City of Adelaide and the suburbs thereof should be supplied with proper sewers, and drains, and other means for effectually draining and cleansing the same-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province in this present Parliament assembled, as follows:

PRELIMINARY.

1. This Act may be cited for all purposes as the "Adelaide Sewers Act."

2. In this Act (except when inconsistent with the context)—
"Commissioner" means the Commissioner of Sewers:
"Land" includes lands, tenements, and hereditaments of any

tenure:

"Premises" means and includes any house and any public or private building whatsoever, and any part of any house or

building,

Adelaide Sewers Act.-1878.

building, and any garden, stable, yard, or other offices used
together or in connection with any house or building, and
every part thereof:

"Street" includes any square, court or alley, highway, bridge,
lane, road, thoroughfare, passage, or place:

“Vacant land” means unoccupied land which is not built upon,
and which is not appurtenant to or used in connection.
with any building, and whether such land is used for the
purpose of depasturing cattle thereon or otherwise :
"Undertaking" means the sewers, drains, and other works con-
nected therewith being authorised to be constructed and
maintained, and includes all fittings to be laid down
or fixed by the Commissioner, and all lands to be held or used
by him for the purposes of this Act:

"Drain" means and includes any drain of and used for the drain-
age of one building only or premises within the same curtilage,
and made merely for the purpose of communicating with a
cesspit or like receptacle for drainage, or with a sewer into
which the drainage of two or more buildings or premises oc-
cupied by different persons is conveyed:

"Sewer" means sewers and drains of every description, except drains, to which the word "drain," interpreted as aforesaid, applies:

"Drainage Area," means the City of Adelaide and all other lands and premises which may, from time to time, be proclaimed by the Governor within the Drainage Area by Proclamation to be published in the Government Gazette:

"Owner" includes the person for the time being receiving the rent of the lands or premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such land or premises were let at a rent:

66

Fittings" includes cocks, valves, cisterns, water pipes, traps, syphons, manholes, lampholes, ventilators, entrances, and other apparatus connected with and requisite to secure the safe and proper working of any drain or sewer:

Acts.

3. "The Lands Clauses Consolidation Act" (except the 127th Incorporation of other section thereof), and an Act, No. 26 of 1855-6, intituled "An Act to amend the Lands Clauses Consolidation Act," are, so far as the same are applicable, and except where expressly varied by this Act, incorporated with and form part of this Act, and for the purposes of this Act, the expression " the promoters of the undertaking," whenever used in the Lands Clauses Consolidation Act, shall mean the Commissioner, and the words "Special Act" shall mean this Act, All the sections of "The Railways Clauses Consolidation Act," which are enacted" with respect to the temporary occupation of lands near

the

Repeal.

Adelaide Sewers Act.-1878.

the railway during the construction thereof," are, so far as they are applicable and except where expressly varied by this Act incorporated with and form part of this Act: And for the purposes of this Act, the expressions, "the company" and "the railway" wherever used in those sections shall respectively mean the Commissioner, and the undertaking and the words " Special Act" shall mean this Act. All the said portions of "The Lands Clauses Consolidation Act" and "The Railways Clauses Consolidation Act," shall apply to the maintenance and extension of the undertaking as well as to the construction thereof.

4. Sections No. 82, 83, 84, 85, 86, and 87, of "The Municipal Corporations Act, 1861," are hereby repealed, and "The Public Health Act," and the "Public Health Act 1876," so far as the same relate to the management, control, and supervision of sewers and drains within the drainage area, are also hereby repealed; but such repeal shall not affect the validity of any act, prosecution, order, or other proceeding done or commenced under or by virtue of such repealed enactments.

Treasurer to borrow £200,000

FINANCE.

5. It shall be lawful for the Treasurer for the time being of the said province to borrow from any person upon the security of the General Revenue of the said province, a sum of money not exceeding in the whole the sum of Two Hundred Thousand Pounds, and for that purpose to issue and sell bonds for such sums not exceeding in the whole the surn of Two Hundred Thousand Pounds, as he may deem expedient, and such bonds shall be in the form following, that is to say

I, the Treasurer of the Province of South Australia, in consideration of the sum of

Pounds paid to me for public purposes, do hereby bind
myself to pay to the holder for the time being of
this present obligation the sum of

Pounds and interest thereon at the rate of Four
Pounds per centum per annum, such interest to
be payable half-yearly on the first day of January and
the first day of July in each year, and the principal
to be paid on the first day of
in the year
of our Lord

Sealed with my seal. Dated the
one thousand eight hundred and
Signed, sealed, and delivered in
the presence of

(Bond transferable by delivery.)

day of

NOTE

Adelaide Sewers Act.-1878.

NOTE. The principal and interest, payable under this bond
is payable at the Treasury in Adelaide [or in London,
at the office of the South Australian Government, or
any other place to be declared at the time of the sale of
the bonds].

6. The said bonds shall bear interest at the rate of Four Pounds Interest on bonds. per centum per annum, and the interest and principal upon such bonds shall be paid to the holder thereof at such place and at such time as may be specified or provided therein: Provided that the principal shall not be payable or paid before the expiration of twenty-five years, and the time appointed for payment thereof shall not extend beyond fifty years from the issue of the said bonds.

7. All sums of money raised or received by the Treasurer Application of upon the security of the said bonds shall be carried by the said moneys. Treasurer to the credit of the Commissioner for the construction, maintenance, and management of the undertaking, and shall be by him paid to the Commissioner in such amounts and manner as the Governor, by any warrant under his hand, may from time to time authorise and direct.

8. The Treasurer shall and is hereby required in each and every half-year from the first raising of any sums of money under the authority hereof until the whole of the amounts so raised and all interest thereon shall have been duly paid to set apart such sum as shall suffice to pay the amount of bonds redeemable during the ensuing half-year together with interest upon all bonds which shall then bear interest, and shall apply such sum in payment of such bonds and interest aforesaid in manner specified in such bonds.

9. The Governor may from time to time by warrant under his hand, countersigned by the Chief Secretary of the said province, authorise the Treasurer to advance and pay to the Commissioner for the purposes of this Act any sums of money not exceeding in the whole the sum hereby authorised to be raised, and any sums of money so advanced and paid shall be retained by the said Treasurer out of any moneys raised by him under the authority hereof.

10. One equal third part of the interest becoming due in respect Interest on loan, how of the said bonds, shall be a charge upon and paid out of the General chargeable. Revenue of the said province, and the remaining two equal third

parts of such interest shall be a charge upon and paid out of the

sewerage rates hereinafter provided for.

11. The interest accruing due in respect of the aforesaid bonds Certain interest to be before such sewerage rates shall begin to accrue, shall be considered regarded as capital. as capital moneys expended for the purposes of the undertaking, and shall be carried by the Treasurer to the debit of the Commissioner, and shall bear simple interest at the rate of Four Pounds per centum per annum, payable half-yearly, and such interest shall be a charge upon and paid out of such sewerage rates. 12. The