An Act to amend "The District Councils Act, 1887" and "The Municipal Corporations Act, 1890," and to provide for Assessments by Municipal Corporations on Land Values and for Rates on such Assessments, and for other purposes.

BE

[Assented to, December 23rd, 1893.]

E it 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 Parlia

ment assembled, as follows:

1. This Act may be cited as "The Land Value Assessment Act, Short title and 1893," and shall, so far as practicable, be read as one Act with incorporation. "The Municipal Corporations Act, 1890," in so far as it relates to Municipalities or Municipal Corporations; and as one Act with "The District Councils Act, 1887," in so far as it relates to Districts or District Councils.

PART I.

AMENDMENT OF DISTRICT COUNCILS ACT.

2. That part of section 156 of "The District Councils Act, 1887," consisting of the words "and no special rate shall be declared without the consent of a majority of the ratepayers present at a meeting called for considering the question," is hereby repealed.

A-573

3. No

PART I.

Repeal of part section 156 of "The District

Councils Act, 1887."

PART I.

No special rate without consent of ratepayers.

Ratepayers may demand poll.

Poll may be taken.

Number of votes regulated by amount of assessment.

General provisions for

The Land Value Assessment Act.-1893.

3. No special rate shall be declared under section 156 of "The District Councils Act, 1887," without the consent of the ratepayers, to be obtained at a meeting of ratepayers to be called by the Council. At every such meeting the chairman shall, in the usual way, take a show of hands for every proposition and amendment touching the object of the meeting, and shall declare that proposition carried for which, in his opinion, the largest show of hands appears.

4. Immediately after the chairman shall have declared the result of the show of hands at any such meeting he shall publicly inquire from the meeting whether any ratepayers demand a poll, and thereupon any six ratepayers of the District may demand a poll by giving notice in writing of such demand to the chairman of the meeting, and such chairman shall thereupon appoint a day, not later than eight days thereafter, to take a poll of the ratepayers on the subject.

5. At polls to consent to a rate, each ratepayer entitled to vote may vote on a scale according to the amount of annual value of the property, or properties, if more than one, and whether situate in one or several wards, in respect of which he is assessed, as under: Twenty-five Pounds or under, one vote; from Twentyfive Pounds to Thirty-five Pounds, two votes; from Thirty-five Pounds to Forty-five Pounds, three votes; from Forty-five Pounds to Fifty-five Pounds, four votes; from Fifty-five Pounds to Sixtyfive Pounds, five votes; and from Sixty-five Pounds upwards, six votes; but no person shall have more than six votes.

6. Except where otherwise provided, every poll of ratepayers

voting at ratepayers' shall be taken by ballot

polls.

1. The Council shall appoint a Returning Officer, who shall, mutatis mutandis, have all the powers conferred by "The District Councils Act, 1887," or "The Ballot Act, 1862," on a Returning Officer in case of an election, including the power to appoint deputies, and shall preside at the taking of the poll:

11. The Council may appoint one or more polling-places for any poll, or a polling-place in each ward. The taking of the poll shall commence at eight o'clock in the forenoon, and shall continue until all the voters present in the polling-booth at seven o'clock in the afternoon shall have had an opportunity of voting, and shall then close:

III. One scrutineer, to be present at the voting at each pollingplace, shall be appointed by the Council, and the persons demanding the poll may, by writing under their hands, or the hands of any three of them, appoint one scrutineer to be so present:

Iv. At every poll the Returning Officer, if it shall appear to him expedient, may cause booths to be erected, or rooms

to

The Land Value Assessment Act.--1893.

to be hired and used as booths, at the several polling-
places of the District; and the same shall be so divided,
and allotted into compartments as to the Returning
Officer may seem most convenient, and the Returning
Officer shall, before the day fixed for taking the votes,
cause to be furnished for use at each polling-place a copy
of that portion of the assessment-book which contains the
names of the persons entitled to vote at such polling-
place, and shall, under his hand, certify such copy to be a
true copy:

v. In case of joint tenancy or tenancy in common one person only
shall vote, unless the assessed value of the property shall ex-
ceed Seventy-five Pounds, and then one other joint tenant,
or tenant in common, may vote for each additional Seventy-
five Pounds, or for any fractional part of Seventy-five
Pounds, of assessed value, and at polls to consent to a rate
on the same scale as is allowed for the first Seventy-
five Pounds, or fractional part thereof, and joint tenants,
or tenants in common entitled, may vote in the order in
which they shall tender their votes, until votes shall have
been taken for the whole assessed value, or all the joint
tenants, or tenants in common, shall have voted:

VI. Except as otherwise specially provided, no person shall have more than one vote:

VII. Every person entitled to vote shall present himself to the Returning Officer, or his Deputy, at the polling-place where such person claims to vote, and state his christian and surname, abode, profession, or occupation, the nature of his qualification, and the place where the property constituting his qualification is situate. The Returning Officer, or Deputy, shall thereupon place a mark against the voter's name on the copy assessment-book, and hand such voter a voting-paper for every vote to which he shall be entitled, which voting-paper shall bear the initials of the Returning Officer, or Deputy, and a statement of, or reference to, the particular proposition in respect of which the votes are given, and, underneath, such statement or reference shall contain on separate lines, the following sentences, that is to say

"I agree to the above proposition":

"I object to the above proposition":

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

VIII. 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, im-

mediately

PART I.

PART I.

The Land Value Assessment Act.-1893.

mediately 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, 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 whether the vote is given for or against the proposition: IX. 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:

x. 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 the voter to accompany him into the apartment or place for voting to mark the voting-paper on such voter's behalf, and shall receive the paper from the agent and deposit it in the ballot-box:

x1. The only person who shall be allowed to remain in the polling booth or room shall be the person about to vote, the Returning Officers, the Deputy Returning Officers, and the scrutineers:

XII. 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 the person whose name appears as

and as the owner (or occupier) of the property set opposite your name in the assessment-book now in force for this District?

(2) Have you already voted at the present poll? (3) Are you the owner (within the meaning of the District Councils Act), or the lessee, or tenant 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