Morgan and Nackara Dog proof Fencing Act 1891 (SA)

ANNO QUINQUAGESIMO QUAR'I'O ET QUINQUA-

GESIMO QUINTO

A.D. 1891.

No. 524.

An Act to authorise the construction of a Dog and other

Vermin Proof Fencing from Morgan to Nackara.

[Asse~tted to, December rgth, 1891.1

E it Enacted by the Governor of the Yrovince of South Council and House of Assembly of the said province, in this present	B Australia, with the advice and consent of the Legislative
Parliament assembled, as follows:

l, I n this Act the expression- Definition.

Commissioner" shall mean the Commissioner of Crown L n d s

of the said province for the time being:

Owner " shall mean the owner or occupier of land which shall have been alienated from the Crown in fee simple, the holder or occupier of land held under any agreement for purchase from the Crown, and the lessee or occupier of any

land which shall have been leased by the Crown under any

Crown Lands Act heretofore passed.

2, Thc Commissioner may erect a dog and other vcrmin proof C~mmisaioner~ta erect

fence, and may place such gates therein as he may think desirable, fen,,.	dog and verrmn proof
commencing at the south-western corner of the Hundred of Stuart; thence northerly along portion of thc eastern boundary of the Hundred of Eba, and north along the east boundary of the Hundred of Lindley to the north-cast corner of said hundred; thencc west along the north boundaries of the hundreds of Lindley and Schomburgk to the north-west corner of the latter hundred; and thence north along
the east boundaries of the hundreds of King, Rees, Tomkinson,

A-524 Ketchowla,

54' & 55' VICTORI&, No. 524.

Morgan to Nackara Dog-proof Feficing Act.-1 891.

Ketchowla, Hardy, and Nackara, and portion of the east boundary of the Hundred of Paratoo, to the southern side of the Petersburg and Cockburn railway h e; and for that purpose the said Com- missioner, or any contractor authorised by him, and all necessary servants and workmen, and with horses, carts, engines, and machinery, shall have power to enter upon any lands within twenty miles to the east or west of the line of the said fence, and may temporarily occupy any portion of the said lands while engaged in the erection of the

Pxoriso.	said fence: Provided always that t,he Commissioner may deviate from the line of the said fence above set out to an extent of not exceeding two miles on either side of the said line.
Fence to be property
of Crown.	The said fence when erected sllall be and remain the property of Her Majesty the Queen.

adjacent to fence to 3, Every owner of land within twenty miles to the east or west	Owners of hnd
cantribute tothe cost of the line of the said fence, and every owner. of land in those
of erection. portions of the hundreds of Ruidey and Bright hereinafter described,

shall pay to the U{ lrninissiuner the following contributions to wards

the cost of and about the erection of the said fence, that is to say-

I. The owner of any land to the west of the line of the said fence, and not rnorc than five miles from the line of the said fence, one penny for each acre of such land:

11. The owner of any land to the west of the line of the said fence, more than five miles and not more than ten miles from the line of the said fence, three-fourths of a penny for each acre of such land:

I I ~. The owner of any land to the west of the line of the said

fence, more than ten miles and not more than fifteen miles

from the line of the said fence, one-half of a penny for

each acre of such land:

IV. The owner of any land to the west of the line of the said fence, more than fifteen miles and not more than twenty	miles from the line of the said fence, one-quarter of a
penny for each acre of such land:

v. The owner of any land to the east of the line of the said fence, not more than eight miles from the line of the said fence, three-twentieths (3%) of a penny for each acre of such land:

VI. The owner of any land to the east of the line of the said

fence, and more tha,n eight miles and not more than

twenty miles from the line of the said fence, one-tenth

(h) of a penny for each acre of such land:

VII. The owner of any land in the Hundred of Bundey, within a radius of five miles from the north-east corner of the said hundred, one penny for each acre of such land. The owner of any land in the said hundred distant more than five miles and not more than ten miles from the north-east

corner

~4~ & 55' VICTORIW, No. 524.

- Morgan to Nackara Dog-proof Fmcing Act.--1 89 1.

for each acre of such land. The owner of any land in any	corner of the said hundred, three-fourths (P! of a penny
of the hundreds of Bundey and Bright, distant more than ten ndes and not more than fifteen miles from the northeeast corner of the said Hundred of 13undey, one- half (&) of a penny for each acre of such land. The owner of any land in any of the hundreds of Bundey and Bright, distant more than fifteen miles and not more than twenty miles from the north-east corner of the said Hundred of Bundey, one-fourth (a) of a penny for each acre of such land: Provided that if the contribution under this section
shall amount to more than the total cost of the fence when complete, any balance shall be applied to the maintenance of the fence, and no rates shall be levied under section 7 hereof until such balance is absorbed.

4, As soon after the passing of this Act as shall be practicable ~ f b r passing of ~ c t,

Commissioner to give

the Commissioner shall give notice to the owners of lands within of

the limits hereinbefore described, by notice published in the Govern- ownera liable to psy.

ment Gazette, of the amount which each owner is liable to pay, and

may by such notice demand payment of such amount within

thirty days after publication of such notice.

5, Thirty-one days after the publication of such notice the ~hirty-one days £mm

amount payable by each such owner shall become a debt due from ~ ~ ~ & ~ ~ ~ \ ~ t ~

such owner to the said Commissioner. Such debt shall be a first cammimioner.

charge upon. the land in respect of which the same shall be due.

The Commissioner, or any person authorised by him, may, in default of payment of the said amount within thirty days after publication of the said notice, enter upon the lands of the owner and levy the amount of the said debt by distress and sale of any goods and chattels upon such land.

The Commissioner may recover the amount of such debt,

of competent jurisdiction; and the production of the Government	together with such costs as may be awarded bp action in any Court	Gazette containing any notice of the amount of such debt shall be
primd facie evidence of such debt.

6. The following district councils shall be charged with the duty nuts o f h ~ c t

of keeping the following portions of the said fence in repair, that is in	council? to keep fence
to say :-

The

District Council of Morgan, that portion of the said fence on portion of the castcrn bounclary of the Hundred of Eba, on the eastern boundary of the Hundred of Lindley, and on the northern boundaries of the Hundreds of Lindley and Schomburgk:

The

District Council of Burra, that portion of the said fence on

the eastern boundary of the Hundred of King:

The

54' & 55' VICTORIA, NO. 524.

firgart to Nackurn Dog-proof Fencing Act.-1891.

The

District Council of Mount Bryan, that portion of the said

fence on the eastern boundary of the Hundred of Rees:

The

District Council of EIallett, that portion of thc said fence on

the eastern boundary of thc Hundred of Tomkinson:

The

District Council of Terowie, that portion of the said fence on

the c3astern boundary of the Hundred of Ketchowla:

The

District Council of C'oglin, that portion of the said fence on the eastern boundaries of the hundreds of Hardy and Nackara, and portion of the eastern boundary of the Hundred of Paratoo:

The District Council of Apoinga shall pay to the District Council of Morgan one-fourth of the moneys expended by the said District Council of Morgan in keeping such fence in repair; and such amount shall be a debt due from the said District Council of Apoinga to the District Council of Morgan, and may be recovered with costs of action in any Court of corn- petent j~uisdiction.

L h t r i u t coutds may

declare rates to keep	7. Every district council charged with the duty of keeping any portion of .the said fence in repair shall, from time to time, declare such rate on each acre of land within twenty miles on the east and west side of such portion of the said fence d i c 6 m y such couneil shall be charged with the duty of keeping in repair, and fbr that purpose shall have a11 the powers contained in I' The District CJouncils Act,
fence in repair.
1887," or any Act for the time being relating to district councils, of
and in any way relating to the declaiing and recovcring of rates; and should any land within twenty miles on the east or west side of the portion of the said fence which such district council shall be charged with the du,ty of keeping in repair be outside the boundaries of the district, such land shall, for the purposes of this Act, be deemed to
be within the boundaries of the district.
The amount of any such rate shall be on a scale so that the owners shall bear the cost of lieeping the said. fence in repair in proportions of lands within the respec&e limits described in section 3 hereof, similar to those which they are, under the said section, liable to contribute towards the erection of the fence.
The District Council of Apoinga shall have the same power of declaring and recovering rates on lands within the boundaries of the District of Apoinga, and of the District of English, liable to con- tribute towards the cost of and about the erection of the said fence, as any district council charged with the duty of keeping any portion of the said f'cnce in repair has with respect to lands within or for the purposes of this Act deemed to bc within the boundaries of the district of any such last-mentioned district council.
All Crown lailds within twenty miles on the east or west sides of the said fence shall be ratable property for the purposes of this section.

54" & 55' VICTORIK, No. 524.

Morgan to Nackarn Doy-proof Fencing Act.-1891.

8. In the event of any district council charged wit>ll	the duty of	If district counoil
neglect to repair

keeping any portion of the said fcnce in repairfailing to put such	fence, Commissioner
portion, or any part thereof. in repair within thirty days after notice	to a0 SO.
to do so by the Commissioner, it shall be lawful for the Commis- sioner to repair such portion of the said fence; and the cost of repairing such portion of the fence shall be a debt due from the said district council to the Commissioner, and may be recovered by him, with costs of action, from the said district council in any Court of competent jurisdiction.
For the above purpose the Commissioner and all necessary ser- vants and workmen shall have the same power of entry upon any lands within twenty miles on the east or west side of the said fence, and of temporarily occupying any portion of the said lands, and of cutting, felling, converting, and taking any timber or other trees growing thereon, as are llereinbefore given to any district council.
It shall be lawful for the Commissioner to deduct the amount of the said debt from any subsidy which Inay be payable to any such district council out of any moneys voted by Parliament for the purpose of providing subsidies to district councils.

9, Wherevcr the said fcncc shall cross any road the Commissioner ~atetes to be erected

shall erect a swing-gate or gates, which when open shall leave a clear	fenc"rOssm
space of at least twelve feet.

10. Whenever the said fence shall intcrsect the land belonging Gates may be erected

t o one owner, such owner may, with the conscnt of thc Commis- ~ ~ ~ ~ ~ ; i " ~ ~ ~ ~ ~ ~ ~

sioner, or the district council upon whose boundary such fence

shall abut, erect a gate, as provided in section 9 of this Act,.

fence open, or shall neglect to close any such gate after opening the gates open. 11. Any person who shall wilfully leave any gate in the said Penalty for leaving

same, shall be liable to a penalty of not exceeding Twenty Pounds.

12. Any person who shall wilfully injure the said fence, or any Penaltics for wilfully

gate therein, shall be liable to a penalty of Fifty Pounds, and to be %$&,:$,ifBgent1J'

imprisoned for any term not exceeding six months, and may be

ordered to pay the damage done to such fcnce; and any person who shall negligently injure the said fence, or any gate therein, shall be liablc to a penalty of not exceeding Twenty Pounds, and may be ordered to pay the damage done to such fence.

13. All proceedings in respect of offences against this Act shall ~roceedingain respot

be heard and determined by a Special Magistrate or two or rnorc f c ~ ~ ~ $ ~; 6 q; d e r

Justices of the Peace, under the provisions of Ordinance No. 6 of

1850, Act No. 298 of 1883-4, and any Act that may be law in that

behalf.

14. There shall be an appeal from any conviction by any Special A P P ~.

Magistrate or Justices for any offence against this Act, or from any

order dismissing any information or complaint, which appeal shall

B-524 be

54' & 55' VICTORIE, No. 524.

Morgatz to lCTackara Dog-proof Fencing Act.--1891.

be to the Local Court of Adelaide of Full Jurisdiction; and the proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Act No. 6 of 1850, or any Act for the time being in force regulating such appeals; and the Local Court hearing such appeal may make such order as to the pay- ment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

h n d a h a ~ f e n c e d

aot liable. 15. No payment shall become due under this Act in regard to

any area of land which before the passing of this Act has been

completely surrounded, to the satisfaction of the Commissioner, with

a dog and other vermin proof fence.

Short title. 16, This Act may be cited for all purposes as the Morgan to

Nackara Dog-proof Fencing Act, l8gl ."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

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Adelaide: By authority, C. E. BRISTOW, Government Printer, North-terrace.