Fire Brigades Act of 1920 (10 Geo v No. 23) (Qld)

FIRE BRIG.ADES. 10 GEO. V. No. 23,1920. Fire Brigades Act. ss. 1,2. 9101 FIRE BRIGADES. An Act to Oonsolidate and Amend the Law relating 10 ~ G o~ eo 2 . 3 V . . .\ to Fire Brigades. THlIl FIRE BRIGADES [ASSENTED TO 8TH MARCH, 1920.] AoroF 1920. B' E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Fire Brigades Act Short title of 1920," and shall come into operation on the first daY~ ~ ~ : : : nt of January, one thousand nine hundred and twenty. of Act. 2. In this Act, unless the context othe:vwise indicates, I!1terpreta.- the following terms have the meanings se~ against them tlOn. respectively, that is to say :- "Board"-A Fire Brigade Boal,'d constit'\lted under Board. this Act; "B . y-laws"--By-Iaws made under this . Act; By-laws. "Chief Officer"-A chief officer appointed under Chief Oilicer. this Act: the term includes any officer or fireman for the time being in charge of or in command of a Fire Brigade; "Contributory Company"-An insurance company Contributory liable to contribute towards the expenses of a Comllany. Board under this Act; ~' Dissolved Board "-A Fire Brigade Board consti- Dissolveo. tuted under *" The Fire Brigades A~ ts, 1881 toBoard. 1902" ; "'District "-The District of a Board; District. H Fund "-A Fire Brigade Fund established under Fund. this Act; " Insurance Company"-Any corporate body, Insurance company, partnership, association,' or personCompany. insuring,' against loss or damage by fire, property situated within the District: the term includes the agent, attorney, secretary, -or representative of, I or person collecting • 45 Vic. No. 10 and amending Acts, 8upra, pages 759 et 8el).

9102 s.2. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, premiums for, such insurance company: and also includes the Insurance Commissioner under *" The Insurance Act of 1916"; Local Authority. Minister. "Local Authority"-A Local Authority consti- tuted under toe The Local Authorities Acts, 1902 to 1917" ; "Minister"-The Home Secretary or other Minister of the Crown for tke time being charged with the administration of this Act; Occupier. Owner. Premises. " Occupier ",-The person in actual occupation of any land or premises, or, if there is no person in actual occupation, the person entitled to possession thereof ; " Owner"-The person for the time being in actual receipt of, or entitled to receive, the rents and profits of the lands or premises in connection with which the word is used, or who, if such lands or premises were let to a tenant, would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee,. legal personal representative, or mortgagee, 01" as agent or attorney for any other person, 01" otherwise; "Premises" includes any building, structure,. erection, vessel, wharf, jetty, land, or other premises; Secretary. This Act. "Secretary"-The person for the time being per- forming the duties of the secretary of a Board; "This Act"-This Act and all Orders in Council and By-laws'made thereunder; Vessel. "Vessel "-Any ship, steamship, barge, punt, boat,. or other floating vessel used for storing 01" carrying goods or for carrying passengers; Volunteer Fire Brigade. "Volunteer Fire Brigade"-A Fire Brigade sup- ported by voluntary contributions, with or .without a subsidy from a Board: the term does not include a Fire Brigade or corps formed for the purpose of protecting any particular building or premises, with the consent of the owner or occupier of such I building or premises. * 7 Geo. v. No. 27, supra, page 7497. ·t 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seg., 5653" 5918, and 8304.

FIRE BRIGADES. ----------------- 1920. Fire Brigades Act. So 3. 91C3 3. *" The Fire Brigades Acts, 1881 to 1902," are Repeal of repealed: previous enactments Provided that, without prejudice to the provisions ~ Ys~ olution of the Acts Shortening Acts- of existing Board. (i.) All existing Districts shall continue to be Dis- tricts for the purposes of this Act, and shall be deemed to have been constituted there- under. (ii.) Every existing Fire Brigade Board shall con- tinue to exercise its functions until the consti- tution 'of a Board in substitution therefor under this Act, and for that purpose the last- mentioned Acts shall remain in full force and effect. Thereupon such existing Board shall be dissolved, and shall cease to exercise or perform any of the powers, duties, or authori- ties which it was authorised or entrusted to exercise or perform under those Acts, and shall cease to be subject to any of the obliga- tions or liabilities to which it had theretofore been subject; all land, plant, materials, and other assets of the dissolved Board shall absolutely vest in the Board; and all obliga- tions and liabilities of the dissolved Board shall devolve upon and shall be discharged by the Board. (iii.) All By-laws and Regulations made by a dis- solved Board which would have been valid if they had been made as By-laws under this Act shall be as valid as if they had been made thereunder, and shall remain in force until the Board has made By-laws with respect to the matters thereby provided for, and thereafter shall be deemed to be repealed. The Board may take under any such By-laws and Regulations any proceedings which the dissolved Board might have taken if this Act had not been passed. (iv.) All actions, suits, and proceedings pending by or against the dissolved Board at the date of * 45 Vic. No. 10 and amending Acts, supra, pages 759 et seq.

_ 9104 ss. 4, 5. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, the constitution of the Board may be carried on and prosecuted by or against the Board, and no such action, suit, or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. (v.) The superintendent or chief officer and all other officers and servants of the dissol ved Board holding office or being employed at the date of the constitution of the Board shall be deemed to have been appointed and engaged under this Act to perform the like duties. Constitution 4. (1.) The Governor in Council may from time to of Districts. time, by Order in Council published in the Gazette, con- stitute Districts for the purposes of this Act, and may in like manner alter the boundaries of any District. Such District may comprise the whole or any divi- sion or part of the Area of a Local Authority or may comprise the whole or any divisions or parts of the Areas ofseveral Local Authorities. . t P o rovveisssieolns.as wate(r2w. ) itAhinny ovresasdejlaclyeinntgtointhaenyDriisvtreirc,thsahrbalolubr,e osruobtjheecrt to this, Act in the same manner as if it were premises within the District. But this subseotion shall not apply to any of His Majesty's vessels of war or to any vessel which belongs to the Government of any Foreign State (not being an enemy). Fire Brigade 5. (1.) For the effective administration of this Act Board. there shall be a Board for every District, to be called "The [name of Di8trict] Fire Brigade Board." (2.) The Board shall, by the name assigned to it by the Governor in Council, be a body corporate with per- petual succession and a common seal, and, subject to this Act, shall be capable in law of suing and being sued, and of purchasing, holding, and alienating land, and of doing and suffering' all such other acts and things as bodies corporate may by law do and suffer. (3.) The Board may, subject to *"The Public Work8 Land Re8umption Act of 1906" or any Act amending or in substitution for that Act, take any lands required for the purposes of this Act. * 6 Edw. VII. No. 14, 8~ tpra, page 8211.

FIRE BRIGADES. s.6. 9105 1920. Fire Brigades Act. 6. (1.) The Board shall consist of seven members, Constitution and shall be constituted in manner following, namely:- of Board. In the month of March in the year one thousand nine hundred and twenty and thereafter in the month of MarcH in every third year- (i.) The Governor in Council shall appoint two members; (ii.) The contributory companies shall elect three members; (iii.) The Local Authority or Local Authorities having jurisdiction within the District shall elect out of their number two members: Provided that the first Board of a newly constituted District shall be constituted within. the period of sixty days after the publication of the Order in Council con- stituting the District, and shall hold office until the date of the next triennial retirement of members. (2.) The time and place of every election shall be Time of appointed by the Governor in Council by notification in eleotion. the Gazette. (3.) No person who- . I?isqualifica- (i.) Is an employee of the Board, or is concerned tlOns. • or participates in the profits of any contract with the.Board; or (ii.) H as his affairs under liquidation by arrange- ment with his creditors, or is an uncertificated or undischarged insolvent; or (iiL) Is undergoing a sentence· of imprisonment; or (iv.) Is of unsound mind; shall be capable of being or continuing a membe : Provided that nothing herein c ntained shall disqualify any person from eing or continuing a member solely becau e he is concerned or participates in a tra saction with the Board in respect of- (a) A lease, sale, or purchase of lan , or an agreement for such lease, sale, or p rchase; or (b) A contract entered into by an inco porated company for the general benefit of such company; or (c) A contract foX' the publication of a ments in a public journal. \ . .

9106 ss. 7-9. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, Elections by 7'- (1.) With respect to the election of a member or ~ ~ ~ p: ~ t· members by the contributory companies, the provisions set forth in Part I.' of the Schedule to this Act shall be observed. ~ lec\ ionB by (2.) If in any case the Governor in Council declares A~ ~ ~ orities that members or any member shall be elected by a group f~ u) ; II of Local Authorities, the provisions set forth in Part n. c. t. . of the said Schedule shall be observed. General (3.) If within one month from the time appointed provisions. an insufficient number of members is elected bv the insurance companies or by any Local Authority or group of Local Authorities, the Governor in Council shall appoint some fit and proper person or persons to be a member or members, and every person so appointed shall be deemed to have been elected by the persons or bodies by whom and at the time when he ought to have been so elected. (4.) When a member of the Board ceases to be a member of the Local Authority which has elected him or has joined in electing him, as the case may be, he shall oease also to be a member of the Board. (5.) The Governor in Council shall cause the names of the first members of the Board to be published in the Gazette, and tb,ereupon the Fire Brigade Board shall be deemed to be duly constituted. • . Rules as to (6.) The provisions set forth in Part Ill. of the ~ cocedure, Schedule to this Act shall govern the members and the Soh. Pt. Ill. proceedings and business of the Board, and shall be observed. Powers and 8. For the purposes of this Act, the duty of ex- dBuotaierds of tinguishing fires and protecting life and property in generally. case of fire shall be entrusted to the Board. For the performance of that duty, the Board may provide and maintain Fire ~rigades consisting of a sufficient number of firemen, ,furnished 'Yith such fire engines, fire escapes, reels, horses, cars, vehicles, hoses, accoutrements, plant, tools, implements, and other appli- ances as may be necessary for the complete equipment of such Brigades and the performanoe of their duties, and generally for carrying into effect the objects of this Aot. Appoint. ment, removal, &0., and salaries of officers. 9. The Board may from time to time appoint a secretary, a chief officer, and such other officers as may be nece!'Jsarv to assist in the execution of this Act, and may, out of the Fund, pay suoh salaries and allowances to such officers respectively as the Board may determine.

· FIRE BRIGADES. ss. 10, 11. 9]07 1920. Fire Brigades Act. 10. (1.) Every Volunteer Fire Brigade existing in theV?luntet'r , District at the commencement of this Act shall forthwith ~ ~ ~ ades to be registered at the office of the Board. be registered. Every such Brigade formed after the commencement of this Act shall be registered at the office of the Board within twenty-eight days after the formation thereof. Every such Brigade shall be subject to inspection by the chief officer. . Every such Brigade present at any fire shall be under the control, and shall obey the orders of, the chief officer present at such fire. On the certificate of such chief officer that efficient or valuable serviceshave been rendered by any Volunteer Fire Brigade, or any meI)1ber or members thereof, the Board may pay to such Brigade, or any member thereof, such moneys as the Board may d0termine. Moreover the Board may, if it thinks fit, from time to time pay to any Volunteer Fire Brigade within its District such sum by way of subsidy as the Board may determine. . (2.) In every case where a Volunteer Fire Brigade is V?lunteer in existence at the commencement of this Act,or may ~~ : ll. deB hereafter be formed in a locality which is outside the o~tsi~e boundaries of a District, the Local Authority having DIStrIctS. jurisdiction in such locality may, from time to time in manner provided by *" The Local Authorities Acts, 1902 to 1917," make By-laws for the registration, inspection, , discipline, and good government of such Brigade, and for the vesting and disposal of the property of such Brigade: Provided that every such Volunteer Fire Brigade in existence on the constitution of a, District comprising such locality shall forthwith be registered at the office of the Board and be subject to the jurisdiction and By-laws thereof. 11. (1.) The Commissioner of Police, or the senior Police to officer on duty at the police station nearest to the place at~ nd ~ \ fire where any fire occurs, shall, on receiving information of an aSBIS. the occurrence of any fire, forthwith despatch a sufficient number of police to such fire for the purpose of preserv- ing order and assisting at such fire. (2.) It shall be the duty of the officer commanding the police force present at any fire to support and assist '" 2 Edw. VII. No. 19 and amending Acts, BUpra, pages 1860 et Beq., 5653, 5918, and 8304.

~ 108 s.12. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, the chief officer in the maintenance of his authority, and in enforcing due obedience to his orders. Such officer and all members of the police force may, if he or they think proper"and he and they shall, at the request of the chief officer, remove any person who interferes with the operations of any Fire Brigade. Board may 12. (1.) The Board may from time to time make m By a - k l e aws. By-laws for all or any of the following purposes, namely:- Meetings. (i.) The times for holding meetings of the Board, the summoning and adjournment of such meetings, and the proceedings and preserva- tion of order thereat, the duties of officers of , Salaries. the Board, and the transaction and manage- ment of business ; (ii.) The payment of salaries or wages to the officers and members of the Fire Brigades; Pensions. Payment for special services. Discipline. (iii.) The payment of pensions to officers and mem- bers of the Fire Brigades; (iv.) The payment to any persons of remuneration in respect of voluntary or special services rendered to any Fire Brigade; (v.) The maintenance of discipline and the ensuring of good conduct of the officers and members of the Fire Brigades and of any Salvage Corps, whether established or maintained by the Board or by any insurance company; Volunteer Fire Brigades. (vi.) The discipline and good government of Volun- teer Fire Brigades, and for the vesting and disposal of the property of such Brigades; Generally. (vii.) Generally for the effectual execution of this Act. Penalty. A By-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. But no such penalty shall exceed fifty pounds. . By-laws to (2.) No By-law shall have any force or effect unless ~ ; a8~ ~ ~ : ~ r or until the same has been sealed with the seal of the in Council. Board and approved by the Governor in Council, and published in the Gazette. Repeal. (3.) A By-law or part of a By-law may be repealed by the Governor in Council.

FIRE BRIGADES. ss. 13, 14. 910!) 1920. Fire Brigades Act. (4.) The production of the Gazette containing the Evidence. notification of the approval of a By-law shall be suffident evidence, until the contrary is shown, that such By-law has been duly made, sealed, and approved, and that it is still in force. 13. (1.) The revenue of the Board shall consist of Revenue. all moneys which the Board may receive under or in pursuance of this Act, not being the proceeds of a loan. (2.) All such moneys shall be carried to the account Fire Brigade- of a Fund to be called the" Fire Brigade Fund." Fund. 14 (1.) The Board shall, at its first meeting in each How year, prepare an estimat • e of the probable expenses which ebexppenr. used• s ro may be necessary to be Incurred by the Board under or in pursuance of this Act during the then current year between the first day of January and the thirty-first day of December, and such estimate shall during that year be the basis of contribution hereinafter provided for: Provided that such estimate may include any amount deemed necessary for or .towards erecting build- ings or purchasing land whereon to erect the same, although it is not intended to expend the whole or any part of the same during the then current year. No such estimate shall have any force or effect until , approved by the Governor in Council. (2.) The amount of such estimate approved as .aforesaid shall be contribut'ed to the Board by the Treasurer of Queensland, the Insurance Companies, and the Local Authority or Local Authorities having jurisdic- tion within the District in the proportions following, that is to say:- The Treasurer of Queensland shall contribute two sevenths thereof; The Insurance Companies shall together contribute three sevenths thereof; Such Local Authority shall contribute or such Local Authorities shall together contribute two sevenths thereof. (3.) All such payments as aforesaid shall be made by half-yearly payments. on the first days of April and \ October, in each year, or at such other times as the . Board may determine. (4.) The contributions by the Insurance Companies as aforesaid shall be made by each Insurance Company

9110 5.14. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, paying to the Board towards such contribution a sum of monoy calculated rateably on the total amount of the premiums received by such company for insurance and reinsurance, after deducting therefrom the total amounts paid away for reinsurance during the year last past within the District as appears in the return hereinafter mentioned. Returns by For the purpose of ascertaining the amount to be CInosmurpaannciees. severally contributed by the Insurance Companies, each such company· shall, in the month of February in each year, or at such other times as the Board may from time to time direct, furnish the Board with a return showing the total amount of the premiums receiV'ed for insurance . and reinsurance and the total amounts paid away for reinsurance by such company within the District during the year last past, to which return there shall be annexed a statutory declaration by the manager, agent, secretary, or attorney of such company verifying such return. If any such company makes default in furnishing such return and declaration, such company, and every' director, secretary, agent, or attorney of such company, Who authorises or permits such default shall be liable to a penalty not exceeding five pounds for every day during which such default is made or continued. [nsurance The secretary or other' officer having the custody of C to ompepramniiet s the books and papers of any contributory company shall books to be permit any person appointed by the Board to inspect, inspected. during the hours of business, any books and papers of such company, and to make extracts therefrom, in order to verify any return made in pursuance of this Act; any such secretary or officer who fails to comply with this requirement shall be liable to a penalty not exceeding five pounds.. Contribu· (5.) When the District extends beyond the Area of ~ onslby one Local Authority the amount to be contributed as A~ ~ torities. aforesaid by each Local Authority concerned shall be . in proportion to the value of the rateable land in the Area or division or part thereof comprised within the District. as ascertained by the rate-book in force for the time being.! In order to enable the Board to state the sum to be , contributed by each su,ch Local Authority, it shall be the duty of the clerk of each such Local Authority, as soon as may be after the rate-book of his Area for the current

FIRE BRIGADES. ss. 15, 16. 9111 1920. Fire Brigades Act. year is compiled; to furnish to the Board a statement certified to be correct, by writing under his hand, showing the total value of such rateable land aforesaid as ascer- tained by such rate-book. And if any such clerk fails or neglects within a reasonable time so to do he shall be lia"Qle to a penalty not exceeding ten pounds. Such statement shall be and remain conclusive evidence of such value until a fresh valuation has been made and a fresh statement of such value has been furnished to the Board. 15. (1.) For the purpose of obtaining payment of Precept. the aforesaid contributions the Board may issue a precept, signed by the chairman of the Board, to the Treasurer of Queensland and each contributory company and Local Authority, stating therein the sum to be contri- buted, and requiring him or them within a time limited by the precept to pay the sum mentioned to the Board or to such person as the Board directs. (2.) When a contributory company or a Local Default in Authority makes default in the payment to the Board of payment. the sum stated in a precept issued to it within the time therein limited, the Board may cause a copy of such precept, certified as correct under the hand of the chair- man of the Board, to be filed in the office of the Registrar of the Supreme Court, and at the expiration of sixty days thereafter such precept shall be deemed to be a judg- ment of the Supreme Court for the sum stated t,herein, and may be enforced with costs accordingly. 16. If in any year the amount received by thesup~ly.of Board from contributions under this Act falls short of ~ ~ ; c~ ~ ~ ~ the expenditure based upon the estimate for the year, an.d ~ ppro. then the deficit shall be added to the expenditure for the ~ ~ ; t~ ~ ; ~ ; s. ensuing year, and the amount of contributions increased proportionately; .but if the amount received by the Board in any year froIJ1 contributions under this Act exceeds the expenditure based upon the estimate for the year, then the excess shall be treated as a credit in favour of the estimated income for the ensuing year, and the amount of contributions for the ensuing year shall be reduced proportionately.

!)1l2 8ch. Pt. I. rr. 1-5. FIRE BRIGADES. Fire Brigades Act. Pt. 11. rr. 1, Z. 10 GEO. V. No. 23, SCHEDULE. PART I. RULES FOR ELECTION OF MEMBERS BY INSURANCE COMPANIES. Meeting of representa- tives. 1. For the purpose of constituting the first Board, the Minister. and thereafter the secretary, shall convene a general meeting of the- representatives appointed by the several insurance companies to represent them in that behalf for the time and place appointed for the election, by circular addressed to each insurance company at its office within the District. , Every insurance company shall be bound to give notice to the- Minister and the secretary of the situation of such office and of any alteration in the same. Chairman 2. Each such meeting shall elect its own chairman, and all and voting. matters shall be decided by a majority of the votes of the persons present. The representatives present at such meeting may proceed to an election notwithstanding the absence of any representatives and notwithstanding that any company has failed to appoint representatives. . Scale of votes. 3. The votes allotted to each representative of an insurance com- pany present at a meeting shall be according to the following scale, that is to say: When the sum held at risk by the c.ompany in the- District does not exceed twenty thousand pounds, the representative- of such company shaH be entitled to one vote; when such sum exceeds twenty thousand po~ ds and does not exceed fifty thousand pounds, the representative shall have two votes; when such sum exceeds fifty thou8and pounds, the representative shall have three votes. Vote of 4. The chairman of each such meeting shall be entitled to a vote, chairman. and, in the event of an equality of votes, shall also have a casting vote. Report. 5. The chairman of each'such meeting shall forthwith report, in the case of the first Board, to the Minister, and thereafter to the- secretary, the name of the member or the names of the members elected at such meeting. PART n. RULES FOR ELECTION OF MEMBERS BY GROUPS OF LOCAL AUTHORITIES. Returning officer. 1. The Governor in Council may appoint a returning officer to take the poll at any election of members by a group of Local Authorities. Every such appointment shall be n~ tified in the Gazette. Roll. 2. For the purpose of enabling the returning officer to compile a.. roll of persons entitled to vote at such election, the clerk of every Loca.l Authority of the group in respect of which the returning officer is appointed shall, at least fourteen days before the day" a.ppointed for the election, under a penalty not exceeding five pounds for any default in so doing, deliver to the returning officer a correct list of the names and addresses of all members of the Local Authority of which he is clerk, certified as correct by writing under his hand. The returning officer shall from such lists compile a roll of persons entitled to voto at the election.

FIRE BRIGADES. Sch. Pt 11. rr~ 3- 6. 9113 1920~ Fire Brigades Act. Such roll shaJl ,show the names in alphabetical, otder and, numbered consecutively of all persons so entitled to vote, and '!Vhen signed by the returning officer shall be the roll by reference 'to which the title of every person to vote at such election ,shall, save' as next hereinafter provided, be finally determined. But no person na.med on such roll who, at the date of, the election, has ceased to hold office as a member of, a Local Authority of the group in respect of which the election is held shall be entitled to vote. 3. Mter compiling such roll the returning officer shall forthwith Notice. send through the post office to eVQry person named in such roll a notice Specifying the time and place appointed for the election. 4. (1.) Between the hours of one o'clock and two o'clock in, the Nomination.. afternoon of the day appointed for the election the returni1;lg officer shall attend at the place appointed for the election to receive the nomination of candidates at the election. (2.) In order that a person may become a ca.ndidate he sOOll between the hours a.foresaid and in the presence of the returning officer at the place so appointed, be nominated orally by at lea$t two persons entitled to vote at the election, other than himself. No person who is not so nominated shall be ,or be deemed to b~ a candidate at the eleotion. 5. If not more than the number required to be eleoted is or are When no so nominated, the returning officer shall, at half-past two in the poll afternoon of the day so appointed, and at the place so appointed, necessary. deolare him or them to be duly eleoted, and he or they shQ,ll be elected acoordingly. 6. (1.) If more than the number required to be elected is orare so Poll. nominated, then for deciding between the candidates a poll shall be taken in manner following:- a (2.) The returning officer shall cause to be prepared 'sufficient number of ballot-papers containing the surnames and christian names in alphabetical order of the candidates and nothing else. ' (3.) The poll shall commence at half-past two o'clock and olose at five o'clock in the afternoon. (4.) At the ejection every person whose name is included in the rollshall be entitled to one vote only. ' (5.) The retuming officer shall deIiverone ballot-paper previously initialled by him to every person named upon the roll who personally demands a ballot-paper, and when such person has voted he shall, in the 'presence of the returning officer, deposit the ballot-paper' in a. locked ballot-box provided for the purpose. (6.) At the close of the poll the returning offioer shall coUnt the votes given for ea.ch candidate, and shall forthwith decJilil~ the candidate or candidates who has or have received the greatest 'number of votes to be elected, and he or they shall be elected aocordingly. (7.) If the number/of votes for any two or more candidates is found to be equal, the ret,urning officer shall decide by his casting vote which shall be elected, but shall not otherwise ha.ve the right to vote. . " l>,. E " I·

9114 Sch.Pt. 11. rr. 7, 8. FIRE BRIGADES. Sch. Pt Ill. rr. 1-4. Fire B,oigades Act. 10 GEO. V. No. 23, Report. Expenses. 'i. The returning officer shall forthwith report, in the case of the first Board, to the Minister, and thereafter to the secretary, the name of the member or the names of the members elected. 8. All expenses reasona.bly incurred by the returning officer in connection with the election, inc1uding any reasonable fee to him for services rendered, shall be defrayed out of the Fund. PART Ill. Absence from meetings. PROVISIONS GOVERNING THE MEMBERS AND THE PROCEEDINGS AND BUSINESS OF THE BOARD. 1. If a member fails to atterfd three or more consecutive meetings of the Board extending over a period of not less than three months, without leave of absence obtained from the Board, he shall cease to be such member. Resigna- tions. 2. Any member may resign his office by writing under his hand addressed to the secretary, and such resignation shall be complete from the time when it is received by the secretary. Filling vacancy. 3. If at any t,ime a vacancy in the Board is caused by death, removal, resignation, or otherwise, such vacancy shall be filled as soon as may be in the prescribed manner by the appointment or election of another member, who shall be deemed to hold the office of his predecessor and shall remain in office so long as his predecessor would have done if no vacancy had occurred. . Meetings. 4. (1.) The Board shall meet at such times as are appointed by the By-laws. Quorum. (2.) No business shall be transacted at any meeting unless at least four of the members are present when such business is trans- acted. Voting. (3.) All powers vested in t,he Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. At all meetings, save as herein otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. Penalty for (4.) No member shall vote or take part in any debate with mvwohetemirnebgears roershpiescpt atortnaenrys, maantytepreicnuwnihaircyh ihnetehreasstd. irectly or indirectly, by himself interested. Every member who knowingly offends against this subsection shall be liable to a penalty not exceeding fifty pounds.. Adjourn- (5.) The members present at a meeting may from time to time ment adjourn the meeting. of meeting. If a quorum is not present within fifteen minutes after the time appointed for a meeting, the members present, or the majority of them, or anyone member if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: !if otices of . Provided that nothing herein shall be construed to prevent the meetings. adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.

FIRE BRIGADES. Sch. Pt Ill. rr. 5-8. 9115 1920. Fire Brigades Act. (6.) All notices of any meeting, or adjourned meeting other 'than of a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held, shall be in writing, and ;sba,llbe delivered, or sent by post or otherwise, to ~ he usual place of business, if any, within the District, or to the place of abode, of each -of the members, two clear days at least previous to the meeting. Every such notice shall specify the time of meeting, and, in case -of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except ;such as is stated in the notice thereof. (7.) All meetings of the Board, except meetings of any committee Meetings, -of the Board, shall be open to the public. to be public. 5. The Board shall, at its first meeting after every triennial Chairman. 3ppointment and election of members or at some adjournment thereof, -elect one of their number to be the chairman of the Board. If within fourteen days after the tri61lDial appointment and -election of members no chairman has been elected, the Governor in Council may appoint some member to be the chairman. The chairman shall preside at all meetings at which he is present. In the absence of the chairmp,n, the members present at any duly -convened meeting shall elect from their number a chairman for the day. The chairman, or in his absence the chairman for the day, shall have a vote, and when there is an equal division of votes upon any question, and more than three members take part in such division, :Shall have a; seeond or casting vote. 6. The chairman shall be the executive officer of the Board. Executive Every appointment, and every order, notice, certificate, or other officer. document of the Board relating to the execution of this Act, shall be ;sufficiently authenticated if signed by the chairman, or by the ;Secretary by direction of the chairman. 7. (1.) If any member refuses or neglects to act, or to attend anYValidatiO~ 0 duly convened meeting of the Board, all lawful acts and proceedings proceedings. f of the Board shall be as valid and effectual as if. they had been done -or authorised by the full Board. (2.) No proceedings of the Board, or of any person acting as -chairman of the Board, shall be invalidated by reason of any defects in the apppintment or election or of any disqualification of any mem- ner, or by reason of there being any vacancy in the number of members at the time of such proceedings. 8. (1.) The Board may from time to time- Committees. (i.) Appoint out of their number committees either for general , or special purpos!:ls ; (ii.) Delegate to a committee power to do any act or hold any inquiry; (iii.) Fix the quorum of a committee. Every committee may from time to time appoint one of its members to be chairman thereof. Every committee shall report to the Board. !~

\ .1 9116 SCh. Pt Ill. rr.9-11. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23 r (2.) A committee may meet from time to time and may adjourn from place to place as it thinks proper, but no business shall be trans- acted at any meeting of the committee unless the quorum, if any. fixed by the Board, and, if no quorum is fixed, two members at least, . are present. At all meetings of a committee if the"chairman is not present one- of the members shall be appointed.;..chairman of such committee- during the absence of the chairman. All questions shall be determined bya majority of votes of the- members. present, including the chairman; and if the numbers are eq\1ally divided he shall have a second or casting vote. Minutes. 9. (1.) The Board shall cause entries of all the proceedings of the Board and of every committee appointed by the Board, with the- names of the members present at each meeting, to be duly made from time to"time in books to be provided for the purpose, which shall be- kept by the secretary under the superintendence of the chairman. Every such entry shall be signed by the chairman at the meeting next. succeeding the meeting at which such proceeding has taken place. Evidence of (2.) Every entry in any book kept by the secretary purporting entries. to be an entry relating to the proceedings of the Board or of ,a committee thereof, and to be signed by the chairman, or a certified copy of or an extract from any such entry, sealed with the seal of the Board' and signed by the chairman and secretary, shall, upon th6 -. production thereof alone, be received in all legal proceedings as evidence of the proceedings appearing by such entry to have been taken, without proof of the meeting to which the same refers having been duly convened or held, or of the persons attending such meeting having been or being members or members of committee respectively, or of the signatures of the chairman or secretary, or of' the fact of their having been chairman or secretary respectively; and all such last- m~ ntioned matters shall be presumed until the contrary is proved. Safe custody (3.) The secretary shall be responsible for the safe custody of all of books. books of account, agreements, receipts, vouchers, and other papers and writings relating to the business of the Board; he shall make a record of the same in obedience to the direction of the Auditor-- 'General, and shall not destroy or mutilate them or any of them without his sanction in writing previously obtained. Office. 10. The Board shall appoint and. occupy as its office sucb convenient premises as the Board may select. Application 11. (l.) The FUnd shall be applied by the Board towards too of Fund. payment of all expenses necessarily incurred in carrying this Act into execution, and in doing and performing any' acts and things which the Board is by this Act em.powered or required to do or perform,. Payments ( 2~ ) The Board may payout of the Fund any sum due under an oafouurtthoofriFsuednd raegcroeveemreedntalgaawinfustlltyhme Badoearfdorbythperopcuerspsoosfeslaowf, tahnisd aAncyt,saunmd wahniychsubmy purposes. any order made or purporting to be made under this Act the Board is directed to pay by way of compensation, damages,' costs. or otherwise. .

• FIRE BRIGADES. Sch. Pt. Ill. rr. 12-15. 9117 1920. Fire Brigades Act. 12. Every Board shall, on .or before the thirty-first day of MarchAnnual in each year, furnish to the Minister a report of its proceedings during report. the twelve months ending on the thirty-first d9y of December of the preceding year, and a copy of every such report shall be laid before Parliament. 13. (1.) The Auditor-General, or such officer of his staff as heAnnual from time to time directs, shall once at least in every year examine audit. the books and accounts of the Board, ~nd the 'Auditor-General shall report thereupon to the Treasurer. (2.) The Treasurer may, if he thi~ S fit, require such books and accounts to be kept by the Board, an in such form and manner as IDay be prescribed by the Auditor-Gene 301. (3.) On or before the thirty-first ay of March in each year the Board shall publish in the Gazette, a d in one or more newspapers generally circulating in the District, a true abstract of the receipts and expenditure of the Board for the year Ithen last past, and such state- ment shall be signed by the chairman ap.d secretary. 14. The Board may from time to time sell or lease or otherwise Power to sell. dispose of any real or personal propert~ · belonging to the Board, but the power to sell real property shall I not be exercised without the (}onsent of the Governor in Council. ! Any sale of real or personal proper~ y belonging to the Board may be made by public auction or private cfntracb, and either for cash or <on credit, or partly for cash and partlYI on credit, and generally upon such terms and conditions as the Boardl may determine. Any lease of any real or personal ptoperty belonging to ~ he Board may be granted by the Board for any ~ erm of years, or from year to year, or for any term less than a year, at such rent and subject to such covenants, conditions, provisoes, and ~ greements as the Board may determine; and any such lease may be Igranted subject to or in con- sideration of the payment of any fine or premium, and with or without a covenant to or a right of purchasc. 15. The Board may from time to time, upon giving security over Power to any real or persdnal property belonginlg to the Board, borrow from borrow. the Consolidated Revenue such moneys ~s the Board may deem neces- sary for the purpose of enabling it to ex~rcise and perform the powers, authorities, and duties vested in or co*erred or imposed upon it by this Act: Provided that the moneys borrowed shall not at any time exceed ~ ight thousand pounds. For the purposes of every such loin, the Board shall be deemed to be a Local Authority within the meaning and subject to the pro- visions of *" The Local Works Loans Acts, 1880 to 1899," and t" The Local Authorities Acts, 1902 to 1917," or any Act amending or in substitution for those Acts or any of them: Provided that if in any year the Board makes defaulL in the due payment to the Treasurer of any sum or sums required to be paid by the Board under the provisions of the said Acts, then, notwithstanding ~ - - - - - - - - - - ~- - -- - --~ .-- -~- - --- --- * 44 Vic. No. 9 and amending Acts, supra, pages 2023 et seq. and 8539. t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq., 5653, .5918, and 8304.

9118 Sch. Pt. Ill. rr. 16-21. ~IRE BRIGADES. .. Fire Brigades Act. 10 GEO. V. No. 23, anything in the said Acts contained, so 'much of the whole amount of such loan as shall be then unpaid. together with all interest payable thereon, shall become and be forthwith payable by the Board as a. debt due to His Ma.jesty, and may be recovered accordingly. Limit of overdraft. 16. For temporary accommodation the Board may obtain. advances from any bank by way of overdraft of its current account; Provided that no such overdraft or accommodation shall at any time, or under any circumstances, exceed two thousand pounds. Board may I? The Board may contract with the Postmaster~ General of the contract for Commonwealth, or with any person authori~ed in that behalf by law, atteenlldeegprhaopnhiicc cfoo- rmtmheuneisctaatbiolinshmbeetnwteaennd tmheainsetevnearnalcefioref tsetlaetgioranpshiact awndhictheleitpshofniriec communica- engines or firemen may be placed, and between any such station and tion. other parts of the District. Salvage corps. 18. (1.) The Board may establish and maintain salvage corps, con- sisting of efficient firemen and others, and may furnish such corps with all necessary quarters and with all such appliances, horses, cars, vehicles, hoses, accoutrements, implements, tools, and plant as may be necessary for the complete equipment of the corps or conducive to the performance of their duties. (2.) If the insurance companies or any of them establish any salvage corps, the Fire Brigades, with the sanction of the Board and subject to the By-laws, shall afford the necessary assistance to the members of such corps in the performance of their duties, and, upon the application of any officer of such corps, shall hand over to his custody or a.s he may dire';t property sa.ved from fire. No charge shall be made by the Board for any service so rendered by any Fire Brigade: Provided that such salv!lge corps shall not be entitled to any payment out of the funds of the Board. Security by 19. Before any officer entrusted by the Board with the custody eownfifttirchuerssted sohraclol nttarkoel osfufmfiocnieenyts sbeycuvriirttyuefroofmhissoomffeiceapepnrteorvsetdh' egrueoanra, nttheee Booffairodo moneys. for the faithful execution of his office by such officer. Chairman 20. The chairman may at any time suspend from office any officer may suspend nf the Board who in his opinion is guilty of misconduct or neglect, and officers. may, if necessary, temporarily appoint a.nother officer in his place: Provided that at the next meeting of the Board after such suspension the chairman shall report the matter to the Board, and, if the officer so suspended is dismissed by the Board, no remuneration shall be due or paid to him from the date of his suspension. Every officer .temporarily appointed shall hold office and receive remuneration, which shall in no case exceed that paid to the officer so suspended, only until the Board decides whether the person suspended shall be reinstated, or whether he shall be dismissed and a successor appointed in his stead. Officers 21. Every officer employed by the Board who exacts or accepts. exacting or on account of anything done by virtue of his office, any fee or reward faececse. pting other than the salary or allowance by way of salary allowed by the Board, or who is in any wise concerned or interested in any bargain or

FIRE BRIGADES. 8ch. Pt. Ill. rr. 22-24. 9119 . 1920. Fire Brigades Act. contract made by the Board, shall be incap&ble of being afterwa.rds employed by the Board for the space of five years, and shall forfeit the Sum of one hundred pounds. And the Board may sue for such penalty by action in any court of competent jurisdiction. 22. If any officer of the Board fails when required by the Board Officers so to do- failing to (i.) To render accounts of any moneys received by him for or ~ ~~ ~ ~~ t8, &~. on behalf of the Board, and of his dealings therewith; or (ii.) To produce and deliver up the vouchers and receipts relating to, the same in his possession or power; or (iii.) To pay the balance thereof when so required; or (iv.) To deliver up to the Board or to any person appointed by it to receive the same, within fi VI" days after being so required, all papers and writings, property, matters, and things in his possession or power, relating to the execution of this Act, or belonging to the Board; a police magistrate ma.y hear and determine the matter in a summary way, and may order such officer to render such accounts or to deliver up such vouchers and receipts, or to pay over the balance owing by him, or to deliver up all such papers, writings, property, matters, and things. If such officer neglects or refuses to obey such order he may, by a police magistrate, be committed to prison for any period not exceeding six months. All such proceedings against an officer may be had and taken and Proceedings enforced against such officer after he has ceased to hold his office. may be No such proceedings against an officer shall deprive the Board of: ; a~ : e~ ~ : : r a.ny remedy which it might otherwise have against any surety of such ceased to officer. hold office. 23. When any person who has been employed by the Board in Fa~ure to any capacity, and has resigned or has been discharged, continues to dehv~ r up occupy any premises belonging to the Board, or to the possession premIses. whereof the Board may be entitled, after notice in writing from the Board to deliver up possession thereof, a police magistrate, upon being satisfied that such notice has been given, may by his warrant order any member of the police force to enter such premises, f nd to remove such person and his family, servants, and agents therefrom, and after- wards to deliver the possession thereof to the Board as effectually to all intents and purposes as the sheriff might lawfully do by virtue of a writ of possession. 24. (1.) Every Fire Brigade established by the Board shall be Powers and under the command of the chief officer. du.ties of chIef officer. (2.) The chief officer shall perform the following duties, and may exercise the following powers within the District, that is to say : - (i.) He shall have the charge and control of all engines, horses, cars, vehicles, reels, buckets, hoses, ladders, fire escapes, and other plant and material. the property. of the Board, and shall keep the same in a fit state for efficient service. (ii.) He shall cause a. book to be kept containing the name, age, and occupation, and plaoe of abode of each member of the Fire Brigades of the Board.

9.120 8ch. PI. Ill. r. 24. FIRE BRIGADES; Fire Brigades Act. 10 GEO. V. No. 23; (iii.) He.shall summon, as he considers necessary, all or as many of the members of the Fire Brigades as may be required for practice, in order to render the members fit and efficient I' for service. (iv.) He may from time to time inspect all salvage corps and also all Volooteer Fire' Brigades, and shall enforce com- pliance with the By-laws by all persons connected with s)lch oorps or brigades. . (\T.) He shall. with all possible speed, proceed upon alarm of fire to the place where such fire has occurred, and endeavour by all practicable means to extinguish the fire and save all persons and property which in his opinion may be in jeopardy. (vi.) S,ubject to this Act, he shall control, direct, and regulate the working of all the Fire Brigades and Volunteer Fire Brigades present at any fire, and all persons who place their services at his disposal. (viL) He may take and direct any measures which appear to him necessary .or expedient for the protection of life and property, or for the control and extinguishment of fire, and may cause ,any premises to be entered, taken posseflsion of, pulled down wholly or pa.rtially, or otherwise destroyed for such purpose, or for preventing fire or for preventing the spread of fire. . (viii.) During the progress of any fire he may enter, and if neces- , aary break into, the premises on fire, or any premises adjacent thereto; and if he finds in any such premises any dangerous, combustible, or inflammable material or sub- stance, he may remove or cause the same to be removed, . and shall not be responsible for any consequent loss or damage. . (ix.) He may, at the time of a fire or thereafter, pull down or shore up any wall Or building which may be damaged, or which in his opinion may be likely to be damaged, by fire, or which may be in the vicinity of any place where.a me has occurred, and which may in his opinion be, or may be likely to become, dangerous to life or property; and the expense of such pulling down, and shoring up, as the case may be,shall be borne. by the owner of such wall or building, and shall be paid by him to the Board. (x.) He may cause any street, private road, right-of-way, or thoroughfare in the vicinity of any fire to be closed against traffic during the continuance of any fire. (xi.) He may cause to be shut off the supply of water from any main or pipe in order to obtain a greater pressure a~ d supply of water for the purpo!,!e of extinguishing any fire. . No Board of Waterworks or other Water Authority supplying water shall be liable for any damages by reason of any interruption of the supply thereof occasioned only by the exercise of this power. Every turncock employed by any Board of Water- works or other Water Authority shall forthwith, upon the occurrence of any fire within the locality to which he is

FIRE BRIGADES. 8ch. ·Pt. IU. ·r. 24. 1920. Fire Brigades Act. assigned, proceed with all possible speed to the fire, and assist by all means in his power to ensure a copious supply and service of water. (xii.) He may cause to be shut off or disconnected the supply of gas, electricity, or other illuminant to any premises which may be on fire, or to any premises adjacent; thereto. No Local Authori~y, company, or person supplying gas or electricity or other illuminant shall be liable for any damages by reason of any interruption of the supply thereof occasioned by the exercise of this power. Every Local Authority, company, or person supplying gas, electricity, or other illuminant to any premises on fire shall forthwith send some competent person to shut off or disconnect the supply thereof to such premises, or to any premises adjacent thereto, as and if directed so to do by the chief officer. (xiii.) He may remove or cause to be remo~ ed any person who interferes with the ope~ ations of any Fire Brigade. (xiv.) Subject to this Act and to the provisions of subsection two of section eighteen of this Part of this Schedule, he may at any fire take and keep possession of for safe custody, until authorised by the Board to return the same to the person entitled thereto, all property of any descrip- tion which may be found on the premises where such fire has occurred, and may remove any such property from such premises: .. Provided that, if the Board does not deal with the property so kept possession of by the chief officer within seven days after the date on which the fire occurred, then such property shall be forthwith delivered by the chief . officer to the person entitled thereto. (xv.) He shall at all times have free access to any and every part of any building, room, or place, licensed or soughi to be licensed as a place of public amusement or resort. under the provisions of any Act or By-laws, in order to inspect the same and ascertain whether the provisions of such Act or By-laws with respect to .protection from fire are complied with: If he discovers that such provisions are not complied with, he shall forthwith report the fact to the Board. Upon the receipt of such report, the Board shall forward a copy thereof to the Minister. (xvi.) He shall at all times have free' access to any premises where he suspects that any gunpowder, eXIllosive, or explosive substance, or kerosene, or any empty cases, paper shavings, crates packed with straw, or any other dangerous, combustible, or inflammable material or substance is o'r are stored, packed, sta.cked, or kept contrary to law or to the provi"lions of any By-law or Regulation made under any Act in force in the District: H he discovers that any such material or substance is so stored, placed, stacked, or kept, he shall forthwith report the fact to the Board: . 9121;

9122 Sch. Pt. Ill. rr. 25, 26. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, Upon the receipt of such report the Board may cause to be served on t.he master or owner or agent, or on the person in charge of any vessel, ·or on the occupier of any such premises, or on the owner or any of the owners of any such material or substance, notice to remove such material or substance from such premises, within a time to be specified in such notice: If default is made in compliance with such notice, the person 80 making default shall be liable to a penalty not exceeding fifty pounds. (xvii.) He may enter and, if neces>'ary, break into any premises where any property of the Board is detained contrary to the order of the chief officer or of the Board, and may remove the same. (3.) All loss or damage incurred and all expenses and charges paid by an owner or occupier of insured property by reason of any act or order of the chief officer under this section shall be deemed to be a loss by fire within the meaning of the policy of insurance in respect of which the insurance company is liable, anything in such policy to the contrary notwithstanding. Power of 25. The powers conferred by this Act upon the chief officer may, chief officer in case of the absence or disability of the chief officer, be exercised by :~ ~ ~ b aDY other officer or fireman for the time being in command of any deputy. y Fire Brigade. Chief officer 26. (1.) On the occurrence of any fire outside the District the' tomouat b ys r i a dperoceed cBhoiaerfd,o. fpfricoecreemd atoy thife hpelactehiwnkhserefit-, suacnhdfisrehahllasif oscocudrirreedc, teadndbyuptohne District, so doing he shall a.nd may, subject to 'chis Act, perform and exercise and take all the duties aud powers which are hereby imposed or conferred upon command. him within the District, or are exercisfJble by him within the District, or spch of the same as may be applicable: Provided that, when the Fire Briga.de of a.ny District proceeds to any other District where a Fire Brigade is established for the purpose of extinguishing fire, the chief officer of the Fire Brigade of the District in which the fire occurs shall be charged with full power to control, direct, and regulate not only his own Fire Brig~ de but also every other Fire Brigade so present as aforesaid. (2.) The chief officer may if he thinks fit, and shall if so directed by the Board, permit the whole or any part of any Fire Brigade or salvage corps, with their engines, hoses, reels, horses, cars, vehicles, escapes, and other plant, to proceed beyond the District for the purpose of extinguishing fire. In such case the owner and occupier of the property where the fire has occurred shall be jointly and sevemlly liable. to pay all the expenses which may be incurred by such Fire Brigade and salvage corps in attending the fire, a,nd shall also pay to the Board charges in accordance with the table hereunder set forth: Provided that when, in the opinion of the Board, any owner or occupier of any property adjacent to the property where the fire has occurred has received benefit by the exertions of the Fire Brigade or

FIRE BRIGADES. 8ch. PllII. rr. 27"29. 9123 1920. Fire B;rigades Act. salvage corps in attending the fire, the Board may apportion between the several owners and occupiers of the property where the fire has occmred and of such adjacent property the expenses and charges aforesaid, and such owners and occupiers shall be jointly and severally iable to pay the amounts so apportioned. In default of pa.yment any such expenses and charges may be recovered by the Board by complaint before any police magistrate. If any such owner or occupier pays such expenses and charges, he may, in like manner, recover from any person jointly liable with him to pay such expenses and charges the part thereof which he is liable to contribute. All expenses and charges paid by an owner or occupier of insured property under the provisions of this subsection shall be deemed to be a loss by fire within the meaning of the policy of insurance in respect of which the insurance company is liable, anything in such policy to the contrary notwithstanding. SCALE OF CHARGES. For officer in charge of brigade For other officers For each fireman For each extra man engaged by the officer in charge of brigade For use of steam or motor fire engine or manual fire engine For use of each reel •. For use of each horse For use of each 100 feet length of hose For cleaning appliances after fire For reward for call .• First .hour. Each succeeding hour. £1, 1 0 £0 10 0 010 0 0 5 0 0 5 0 0 3 0 030 0 16 50 2 10 o 10 0 5 11 o 10 0 0 6 0 0 0 1 00 0 50 27. Whilst.driving in or upon any street, road, or thoroughfare Drivers of ;ll;Y!o the motorman or driver of every tramcar shall bring the same to a v~ hicles to standstill, and the driver of every other vehicle, whether licensed or ~ ;ve not, shall draw the sv,me up at a standstill a,s near to the kerb as Ire rig e. possible, on the approach of and during the passing of any Fire Brigade in or upon such street, road, or thoroughfare with any reel, engine, or other vehicle for the purpose of attending at the scene of any fire. Every motorman or driver of such tramcar or driver 6f any other vehicle who negleuts or unnecessarily delays to comply with this section sha.ll be lie ble to a penalty not exceeding ten pounds. 28. The Board may permit the whole or any part of any Fire Fire Brigade Brigade to be employed on special services, at such remunera.tion and may be d upon such terms as the Board may determine. ~ : ~~ ~ ~al services. 29. The Board may furnish the chief officer and also all officers Uniform. and men of any Fire Brigade with such uniforms as the Board may determine.

9124 Sch. Pt. Ill. rr. 30-32. FIRE BRIGADES. Fire, Brigades Act. 10 GEO. V. No. 23, Offences. 30. Any person who- (i.) Wilfully prevents, obstructs, or interferes with the chief officer or any member of any Fire Brigade, or any person acting under the authority of the Board or the chief officer, or any officer of the Department of Audit, in the discharge of his duty under this Act; (n.) Injures or destroys any building, engine, vehicle, reel, hose, pipe, ladder, or other thing belonging to the Board; (ill.) Remains in a ny building or premises after being orc;lered by the chief officer to quit the same ; (iv.) Retains possession of any property belonging to the Board after being ordered by the chief officer to give it up; (v.) Wilfully covers up or encloses any fire-plug so as to render its position difficult of identification, or obliterates any mark, sign, or letter used for the purpose of distinguishing the position of any fire-plug; (vi.) Tampers or interferes with any'fire alarm or other signalling apparatus; (vii.) Wilfully gives a false alarm of fire; shall be liable to a penalty not exceeding fifty pounds, or to be imprisoned for any period not exceeding six months with or without hard labour, and shall also be liable for and may be ordered to pay the estimated damage. Payment of 3l. (1.) Upon the occurrence of a fire, the owner of any uninsured ewpxrhopeperneesrteys FprireemBisreisgashdeasll bine laiattbelnedtionpgatyhteotfhiree,Baonadrdsthhaellexalpseonspeasyintcourtrheed bByoathrde uninsured. the charges hereinbefore mentioned, and in default such expenses and charges may be recovered by complaint before any police magistrate. For the purposes of this section the term "uninsured" means not insured with a contributory company. (2.) In any proceeding to recover moneys made payable by this section, it shall be sufficient to allege that the Board has made a determination fixing the amount payable by the defendant, and the onus of proving the contrary shall be on the defendant. (3.) The Government of Queensland shall not, uvder any circumstances, be liable to pay any expenses or cha,rges referred to in this section. Owner to 32. The owner or occupier of any premises where a fire occurs shall, aignsivftoeormation ochniebfeionfgfirceeqr,ueosrtebdysoantyo odfoficbeyr oafnythme eBmobaerrdo, f inthfoerBmoasrudc,homr.ebmy btehre, insurance. chief officer,or officer whether such premises are insured or not; and, on the like request, shall furnish such member, or the chief officer, or such officer, with full particulars of the insurance, if any, there(:>o, including the name of the insurer with whom the insurance is effected and the amount of such insurance. Any person who refuses to comply with any such request aB aforesaid, or who wilfully gives any false information, or who wilfully gives any incorrect particulars with regard to such insurance as aforesaid" shall be liable to a penalty not exceeding twenty pounds.

FIRE BRIGADES. Sch. Pt. Ill. rr. 33-39. 9125 1920. Fire B1'igades Act. 33. Any damage to property occasioned by any Fire Brig~ de, or Damage by the chief officer or any member of 9ny Brigade, sha.ll be deemed d~ne. to be to be damage by fire within the meaning of a.ny policy of insurance Wlr~ lU against fire covering the property so damaged, anything in such po iCy. policy to the contrary notwithstanding. 34. The Board may cause the debris, aDd also any premises where Debris of fire any fire has occurred, and every part of such premises to be searched, may ~ ed aDd may remove and keep possession of any materials which may tend searc e . to prove the origin of such fire. 35. Any member of the Board, and any officer, servant, or agent Ente~ i~ ga~ d of the Board, may enter any premises where any fire has occurred, r~mammllU and may remain in posseesion thereof and of any property which may ~ u~ [ l~ ~ s be therein or thereon. where fire If C'lrcumst ances an.se or are dl' Scovered wh. 1 ' 0 h' In . the opm. . IOn 0 fhasoccurred. the chief officer or an officer of police are of a suspicious nature, such person may, notwithstanding any other provision of this Act, continue in possession until an inve~tigation has been held concerning the cause or origin of such fire. 36. The Boa.rd, at any investigation concerning any fire held by Inquest. or before any justices, may be represented by the chief cfficer or by any person appointed by the Boprd in tha.t behalf, who may adduce evidence and may examine witnesses and address the Court. 37. When any fire occurs the chief officer shall as soon as Report of possible report the occurrence of such fire to the Board, and shall ~ s~ nt t~ forward to each lnsurance Company, addressed to the office of it!' n~ t~ ~ e an local agent, a notice of the occurrence of such fire. given to jnSUr61·S. 3S. No matter or thing done and no contr9ct entered into by No personal the Board, ard no matter or thing done by any mem bel' of the Board liability for or by the chief officer or by any other officer of the Board or other official acts. person whomsoever acting under the direction of the Board or the chief officer, sh911, if the ruatter or thing was done or the eOl'tract was entered. into bond fide for the purpose of executing this Act, subject any such person to any persom:d li9 bility in respect thereof; any expense inc;urred by any. member, officer, or other person acting 3$ last aforesaid shall be deemed to be an expense authorised by this Act. . 39. All actions to be. brought against the Board or against any Act~ ons person for anything done or purporting to have been done under or in ~ r~ t pursuance of this Act shall be commenced within six months after the oa . act complained of was committed or the damage was sustained. No action shall be commenced or process issued against the Board or against any person for anything done or purporting to have been done under or in pursuanbe of this Act until notice in writing of such intended action or process has been delivered at the office of the Board, or delivered to such person or left at his usual place of abode by the party aggrieved, or by his agent or solicitor, at least one month before the commencement of such action; such notice shall clearly and explicitly set forth t.he nature of the intended action and the cause thereof; and on such notice shall be written the name and place of abode of the party intending to bring such action, and the name and place of business of his agent or solicitor, if any.

9126 I Sch. Pt Ill. rr. 40-42. FIRE BRIGADES. Fire Brigades Act. 10 GEO. V. No. 23, 1920. No plaintiff shall recover in any such action if tender of suffiicent, amends has been made before such ,action was brought. . Plant not 40. No fire engine, fire escape, reel, horse, car, vehicle, hose ia;ble to be accoutrement!, plant, tool, implement, or other material or appliance SeIzed ~ nder belonging to the Board shall be liable to be seized or sold under any execution. writ or warrant of execution or other process. Notices. Service. 41. (l.) Every notice under this Act shall be signed by or bear the printed signature of the chairman or secretary. (2.) Any notice under this Act required to be given to any person may be served- (a) By delivering the same to such person; or (b) By leaving the same at his usual or last known place of abode; or (c) By forwarding the same by post in a prepaid letter , addressed to such person at his usual or last known place of abode. Board may 42. (1.) The Board may order proceedings to be taken for the direct. recovery of any penalties and for the punishment of any person tosecut!ons, offending against this Act, and may order the expen."Jes of such c. pr6secution or other proceedings to be paid out of the Fund. Proceedings. (2.) In all proceedings in any court of law the secretary, or any other officer of the Board authorised by the chairman by writing under his hand, may represent the Board in all respects as though he were the party concerned. Every court of law shall take judicial notice of the signature of th? chairman to any such authorisation. In any such proceeding by or on behalf of the Board it shall not be necessary to prove the appointment or election of the members, chairman, or secretary. Reimburse- (3.) The secretary or other officer appointed as last aforesaid shall ment of officer. b<J reimbursed out of the Fund all damages, costs, charges, and expenses to which he may be put or with which he may become chargeable by reason of anything contained in this section. Recovery of (4.) Every penalty or other moneys payable in respect of any penalties. offence against this Act may be recovered by complaint of the secretary or other such officer as aforesaid before any police magistrate. Applicati.on (5.) Except where it is by this Act provided to the contrary, all of penaltIes. penalties recovered for offences against this Act shall be paid into the Fund. Penalties. (6.) Every person guilty of an offence against this Act shall for every such offence be liable, if no other penalty is imposed, to a· penalty not exceeding twenty pounds, or to be imprisoned for any period not exceeding six months with or without hard labour. Justices may. (7.) No justice shall be deemed incapable of acting in any case act though arising under this Act by reason of his being as one of several rate- & ~ ~ ~ 1: ~ ~ payers, or as one of any other elass of persons liable in common contribute. with others to contribute to or be benefited by the Fund.