Rabbit Act 1901 (1902 No 6) (NSW)

Act No. (), 1902. ()()8

Hahhit.

Act No. 0, 1902.

A l l Act to (leal with the Ivahhit Pest; to authorise

certain advances in connection therewith; and for other purposes incidental thereto. [15th Janu(u‘ji, 1902.]

it enacted l)y the King’s Most Excellent Majesty, hy and with _ I3 the advice and consent of the Legislative Council and Legislative Assembly of New South'Wales in Parliament assemhled, and hy the authority of the same, as follows :—

PAET I.

P keliminaky. ,

1. 'riiis Act shall take ctlect on the first day of jMay, one siioii tide,

thousand nine himdri'd and two (hereinafter in this Act nderred to as the commencement of this Act), and mavhe cited as the “ llahhit Act,

1901.” '

2. This Act is divided into Parts, as follows :— nividon oi ao.

PAPiT I.—PrelIxMINAKY— ss. 1-6.

PAPtT II.— IlAlUilT nOxVKDS, DISTIUCTS, AND RA'I’ES—.S'.S, 7-21.

PAIIT I II .— PAKJaEll E EN C ES— SS. 22-27-

PAIIT IV.— Private fences—ss. 28-39.

PAIIT V.— Destruction op rarri'is—ss. 10-50.

PAIIT V I.— (Jenicral and siipp]>e5ii:ntae—ss. 51-01.

3. The Pabhit Act of 1890 and all riigidations madii then'under, Rppc;ii.

and the Pastures and Stock Protection (Ilalihit) x\.ct, 1900, are lu'rc'hy

leak'd :

Provided tliat tlie repeal of such euivetments and regulations Proviso

sliall not—

(a) abate, prejudice, or alfect any ])rocecdiug now pending in any

Court or before any local land hoard or other authority; or

(h) prejudice or alfect any proceeding, matter, or thing lawfully done or commenced or contracted to he done under the authority of the said enactments or regulations

and that notwithstanding such repeal—

(c)	all offences committed or penalties incurred against or under the said enactments or regidations may he respectively tried, punished, enforced, and dealt with as if this Act had not
been passed ; and (d)

604   Act No. 6, 1902.

Hahhit.

(d) all accrucul and oWigatious incuiTcd nnder or by virtue

of tlic said enactments or regulations shall, subject to any express provision of this Act in relation thereto, remain unalfectcd by such repeal.

Interpretation. 4. In this Act, unless the context otherwise rc(]uires,—

“ Crown Lands A cts” means the Crown Lands Act of 1881 and

all amending Acts.

“ Holding” means any land or collection of lands constituting and Avorlvcd as one property, whether held under the same title or ditbn’eut titles or under titles of dilforent kinds.

“ Large stock ” includes, bulls, cows, oxen, steers, heifers, calves,

horses, mares, geldings, lillies, fouls, ass(;s, and mules.

“ Local land board ” means local land board as constituted and

delined under tbe Crown Lands Act.

“ Xotitication ” means notiticution published in the Gazette.

“ Occupier” means the ])orson for the time b(‘ing entitled to

possession of a holding or land, and includes the luisident manager of the occu])ier where the occupier does not reside on the holding or land in relation to which the word is used.

“ Owner” means—^

(a)	the person registered as the holder of any huiso or license, or 2)romise of any lease or license from the Crown; or
(b)	tbe ])crson registered as the holder of any purchase, whether conditional or otherwise', from the Crown; or
(c)	the applicant for a homesteutd selection whose ajuplication has been conllrened ; or
(d)	the person entitled at law to an estate of freehold in possession in any land granted by the Crown for other than public purposes ; or
(e)	the person in whom is vested any laud taken or appro- ])riated under authority of any statute authorising land to be taken or aj>propriatcd for the; purposes of any private; undertaking.

“ Prescribed” means prescribeel by tins Act or any regulation

made thcreuneler.

“ Private holding” and “ jerivate land” mean rospe;ctively a

bolding and land not including or being public land.

“ Public land” means anel includes land Avhich is not the subje'ct of any lease or license, eer promise e)f, or agreement for, any lease or license under the Crown Lands Acts or under any other Act authorising the occupaiion or use of land vested in the Crown; hut which—■

(a) is vested in the Crown, and is not the subject of any

contract for the sale or grant thereof ; or

' ( b )

Act No. G, 1902. 6G5

Hahhit.

(i)) is tlu! siil)joct of any dodicaliou or porinanent reservation tor j)ul)lie uses or [jurposes, not beiiu ̂ 1‘or a road (whether tlie land has or has not heen granted or contracted to he granted for the said us('s or purposes).

“ Slu'cp " includes rams, ewes, wethers, and lamhs.

“ Stock hoard” means hoe.rd ol' directors constituted pursuant to

tlu' Castures and Stock rrotection Act, 1898.

5. For the ]mrpos('s of this Act ̂- Dei'miiion of

(a)

a fence shall h(' taken to he cm the houndary of any district,'‘adjoining.” holdings, or lands, if it follows th.c line which is such actual,

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reputed, or acec])led boundary, or where the boundary is inacccssibh; or incaj>ahle of being fenced, if the fence follows such houudary as lu'arly as possible, having regard to the physical features of the country, or if in any case such fence follows any line which, in the opinion of the person, board, or court hy whofu or rvhich any matter or proc(!cding under this A(d may h'c determined, is sulllciently approximate to such boundary; and

(h)

the intervention of a road or watcu’course (not being a permanent river) sliall not prevent holdings or lands being taken to he iidjoining, or prevent a fence along cither side of any such road or watercourse being taken to he on the common boundary of the holdings or lands on either side of such road or a\ atercourse.

6. (1) Tlui (Jovernor, by ])roclamation in the Gazette, may Application of

declare tin', whole or any ]);irt of New South ’Wales to he I'lhhit

inft'stcd, and may revoke or vary any such proclamation.

hkxcc])t where otherwist' in this Act expressly ])rovidcd, this

Act shall only apply to the area so declared to he rabbit infested.

(2) In ap])lying Parts I \' and V of this Act to any munici-Application to

pality, the council of the municipality shall be deemed to he

occupier of all land vested iir or held hy such municipality, and, in

respect of commons, the tnistees tlu'reof shall he deemed to ht' the

occupiers.

The provisions of this Act shall not apply to any lands held under any form of lease from the Crown in the Western Division, as delined hy the Crown Lands Acts.

PART

666   Act No. 6, 1902.

Rabbit.

PAIIT II.

E a UIUT ]50A ia)S, DISTJIICTS, AND HATES.

Rabbit districts and boards.

Constitution ol 7. The Minister may hy notification in tlie Gazette constitute

rabbit districts. rahhit districts and hy like notice amend or revoke such notification.

Constitution of 8 . (1) There shall he a rahhit hoard for each district. Such

rabbit beard. hoard shall consist of five memhers, four to he elected under this Act and one, who shall he the chairman, appointed hy the Governor. Three memhers shall form a quorum.

Term of oflico. (2) Such hoard shall hold office for three years : Provided

that for sufficient cause the Governor may remove any memher and appoint a person for the unexjiircd period. On the death or resignation

of an elected niemhi'ra ncAv memher shall he elected in his place. The

hoard shall hold office until the appointment of its successors. In the event of no proper election taking place the Governor may appoint the necessary nuniher to constitute the hoard.

Fees. (3) Every memher shall he entitled to receive, out of the

rahhit fund of the district, the prescrihed fees.

Roll of electors. 9. On the notification of a rahhit district, the Minister shall as soon as possible and as far as practicable jircpare a roll showing the names of all jicrsons entitled to vote at tlie election for memhers, and thereafter such roll shall he kiqit and revised as occasion may require hy the rahhit hoard.

Election of rabbit 10. The election of the rahhit hoard shall take })lacc in the

board.

prescribed maniK'r, and provision sliall he made for voting hy post. The cost of the election shall he paid out of the rc'venue of the hoard. And every jierson Avhose name is on the roll referred to in tlie last preceding section shall he entitled to a vote at such election, and the necessary qualification to entitle a person to have his name on the roll shall he that such person has been assessed, or is liable to he assessed, for payment of rates under section fourteen hereof : Provided that any person Avho is assessed in rcs})cct of not less than tAvo thousand and not more than fnn thousand sheep, or not less than tAVO hundred nor more than five hundred head of large stock, shall he entitled to two Antes, and any such person Avho is assessed in respect of more than five thousand sheep or more than live hundred head of large stock shall he entitled to three votes.

a corporate body.

Rabl)it board to be

11. The memhers of a rahhit hoard shall he a corporate body und('i’ the style or title of the notified name ol' the hoard, and under such style or title shall luxA'C perpetual succession and a common seal, and ho capable in laAv of suing and being sued.

The validitv of anv acts of a rahhit hoard shall not he affected

hy any informality or irregularity in its constitution; and tlie fact

that all or any of the seats on the hoard are vacant shall not of itself

operate to dissolve the corporation. 12.

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Rabbit.

12. A ra1)l)it hoard may em])loy a secretary and all other Ortiocis.

necessary officers, and ])ay them out of the rahhit fund. Tlu' numher

and salaries of such officers shall he a})proA"cd hy the Minister. Such offiicei’s shall he under the exclusive contnd of the hoard, and subject to dismissal at any time. In addition to such officers, the Governor may

appoint an inspector, l ie shall h(> paid out of the rahhit fund, hut he

under th<! control of the Minister.

13. A rahhit hoard— Uuiies of i)oai-ci9.

(a)	shall cause proper minute hooks to he kept of all its proceedings;
(h)	shall cause true and regular accounts to he kept of all moneys received or paid hy it nnder this Act, and shall give the OAvner of any land or the occupier of any private holding Avilhin the rahhit district access to sm^h accounts at all reasonahlc hours ;
(c)	shall produce for inspc'ction to any person duly authorised in Avriting hy the Minister or the Colonial Treasurer all its hooks, accounts, agreements, vouchers, letters, or otluu’ documents AAdiich may relate to any matter under this Act.

Rabbit rates.

14. (1) EA’ery rahhit hoard shall in each year make or cause toEai.bit mto.

he math' an estimate of the prohahle sum Avhich Avill he required (in addition to fines, penalties, and otlu'r revenues) for the ('tfective administration of this Act in its district; and the said sum shall he raised hy a rahhit rate upon sheep and large stock Avithin the district.

Subject to the provisions hereinafter contained, the amounts levied under the rate shall h(! determined hy the hoard in respect of the holdings Avithin its district, and the hoard shall assess and I'alt' CA'cry owner or occupier avIio has ten head or more of large stock and one hundred sheep or more. Such assessment shall not excec'd in tlie annual aggregate tliiM'e ])ence per head of large stock and one half-])enny per head of sheep ;

Provided that in the ease of unstocked or partly stocked land, Avhatever ma}’ he the actual numher of stock on such land, there shall, for the purpose of the said assessment and rate, he deemed to ho one sheep on OA ory three acres :

Provided also that only half rates shall he levied in respect of

any holding enclosed hy a fence, erected before or after the commence-	^
ment of this Act, Avliich, in the o])inion of the hoard, is rahhit-proof.

(2) The rahhit hoard shall have access as prescrihed to— inspecfionofretiinis.

(a)	returns of slice]) or large stock made under the Pastures and Stock Protection Act, 1898, or any other A cts; and
(h)	returns collected hy the police or other authorised persons for
statistical or other purposes. 15.

668   Act No. 6, 1902.

Rahhit.

Notice of amount due jg, Wlicii tlic amouiit payal'lo U n d e r tlie rate in respect of any

*

holding has heen determined hy tlio hoard, the prescrihed notice of

such amount shall be given to the person liable to pay the same.

The amount so determined shall, on such notice being given, he paid to such person or hauh, and on or before such date as may he sjiecificd in the notice, or, in case of an appeal, n ithin seven days after the determination of the appeal: Provided that the amount may he payable in instalments if the ho. r̂d so directs.

The person liable to pay such amount shall he the occupier of

the holding.

Rate-book to be kept.

16. (1) Evei’y rate and every determination by a rahhit hoard of the amount payable in respect of any holding under such rate shall he entered in a book (to he called the rahhit rate-hook) which shall he kept in the prescribed form and manner; and all persons shall have access thereto at all reasonable times. The said hook shall, on the production thereof, be prima facie CA'idence of the rate and of the amount determined as payable under the rate in respect of the holding.

(2) The rabbit hoard may make such amendments and

supply such omissions in the entries in such hook as may he necessary.

(3) Except in the case of an amendment rendered necessary

hy an appeal, and except in the case of formal amendments, an

amendment of the rabbit rate-hook in respect of any holding shall he

deemed to he a determination hy the board of the amount so payable

under a rate in respect of the holding.

Appeal from rate 17. If any person is aggrieved hy the amount determined hy

to petty sessions. the hoard as payable by him under the rate, he may, Avithin twenty-one days after the aforesaid notice has been given, appeal to a court of petty sessions having jurisdiction Avithin the district in AAdiich his holding is situated, hy a notice in the prescribed form, accompanied by the prescrihed deposit; and the said (;ourt shall determine the amount payable under the rate, and may order interest to be paid thereon at the raic of live pounds per centum per annum, calculated from the date for payment specified in the notice.

Recovery of unpaid 18. Any sum due as a rabbit rate in respect of any holding

rates, Ac.

shall he, and until the payment thereof shall remain a charge upon

the lands constituting tlic holding.

Raijmeuls to hoards hy Government.

Contribution by	19.	The Governor may cause lo be paid out of the Consolidated
Q-overnment to

rabbit fund.

Revenue Eund to the rabbit fund of every rabbit district a subsidy

in respect of public land in the district.

Act No. (), 1902. 669

liahhit.

20.                 (1) Wlioro money is voic'd l>y Parliament for tlie purchase of suppijing netting

ivirc-ncttin" or otlu'r materials used in the construction of rabbit-proof fences, or any machinery, ])hmt, or substances for tlic destruction of rabbits, the Minister may—

(a)	a])ply tbe same to such jiiirposes, and distribute tbe netting', malcrial, machinery, plant, and suhstaiices or any of them amoii" the rabbit boards ; or
(b)	h'lid the money so voted or any part thereof to the rabbit boards for tbe jmrebase by sucb boards of such netting, material, machinery, plant, or substances for use vithin the respective districts of such boards.

(2) The said boards shall yiay to the Colonial Treasurer the cost of such netting, material, machinery, plant, and substances, and any money so lent by instalments spi’cad over a period of not greater than tiventy years, Avith interest on .the amount due at the rate of live per centum per annum.

(y) If at any time the yiayment by any such board of any such instalnn'ut or interest is in arrear, the Colonial Treasurer may fortlnvith tahe possession of any moneys or other property vested in the board, and may make assessmen and levy rates under this Act, and for that purpose shall have, and may cxercisi', the poAvers of the board.

(t) The board may, Avith the money so lent, purchase any sucb netting, material, maebinery, plant, and substances as aforesaid, and may sell or let the same, and any netting, material, machinery, plant, or substances distributed to tbcm under this section to occupiers or OAAmers of private' land Avithin their district on such terms as may be agreed upon ;

Provided that the cost of any such netting, machinery, materials, plant, and substances so sold, and all expenses in connection Avith the same shall be repaid by such occu])iers and owners to tlu' board in instalments spre'ad over not moni than twenty years Avith interest on the amount due at the rate of live ])cr centum per annum :

Provided also that- -

(a) such ])urchase money and interest shall be a ebarge on tbe

holding of the OAViier or occupier Avithin the district ;

(b)	any such lu'tting shall be erected Avithin tAvelvc months after delivery thereof;
(c)	the letting of machim'ry or other .appliances for the destruction, of rabbits shall be subj('ct to such terms and conditions as may be agreed upon bctw('cn the Minister and the boards.

Rabbit funds.

21.                 All subsidies, tines,penalties,rates, and other moneys received The rabbit fund,

by a rabbit board under this Act shall form part of a fund to be called

the rabbit fund of the district. Moneys

670   Act No. (), 1902.

Rabbit.

Moneys forming part of such fund may be ajipliecl by tbe rabbit board of tbe district to the payment of any expenses of, or incidental to, tbe administration of tliis Act by the Ijoard, or of any costs or expenses incurred in accordance A\dtb the provisions of this Act, and not otherwise.

The Governor may cause tbe accounts in connection witli tbe rabbit fund of any district to be audited, and tbe expenses of tbe audit shall, if tbe Governor so requires, be paid out of such fund.

PART III .

B a r r i e r f e n c e s .

Rabbit board may	22. (1) A rabbit board shall have power to—
erect and maintain

barrier fences. (a) erect a barrier fence on any land, Avbetber public or private

within or without tbe mbbit district; and

(b)	convert into a barrier fence any fence, wbetber rabbit-2)roof or not, on any land witbin or ndtbont such district; and
(c)	erect a barrier fence across any road or travelling stock route, making gates in sucb fence for tbe passage of members of the public and their stock ; and

(d) place a rabbit-proof gate in any barrier fence; and

(e) co-operate Avitb tbe rabbit board of any neighbouring rabbit district in any sucb ivork.

Definition of barrier	(2)	barrier fence shall be taken to mean a rabbit-pi’oof
fence.

fence which protects, or Avill protect, from tbe incursions of rabbits tbe rabbit district, or any part thereof, whether sucb fence is erected Avitbout or Avitbin tbe district.

Case where coin-	23. A rabbit board shall not bo liable to pay or make com­ pensation for anything laAA’fully done in exercise of tbe poAvers conferred by tbe next preceding section except damage by severance caused by tbe erection upon prAate land of a barrier fence.
pensution given.
The amount of compensation so payable to any person shall, upon application by him as prescribed, be determined by a court of petty sessions; and in determining such compensation the court shall take into consideration and set olf any benefit accruing to such person’s property by the construction of such fence, and may award costs to or against any party appearing before it.
])oundary barrier

Contribution for 24. "NYbere a rabbit board erects a barrier fence or converts

fences. any fence into a barrier fence on tbe common boundary of its district and any adjoining rabbit district, the rabbit board of sucb adjoining district shall be liable to pay to sucb first-mentioned board half tbe cost of the erection, maintenance, and repair of the fence.

Act No. G, 1902. G71

Hahhit.

25. (1) It sliall 1)0 tlio (lut yor a vabbit board or boards er('clinjfKai)iiit,i.(«nis to

a barrier fence, oi' convert in" a fence into a bander fence, to maintain

it in an ('iK'ctivi' manner and k('cp it m good repair,

(2) Wbere, ('xcept as provided in tin' next section, before or after tbe commencement of this Act, and at tlie exjiense or princijially at tlic expense of tbe Crown, a barrier fence has been erected, or a fence lias been converted into a barrier fence, which is Avbolly or in part Avitbin or on tbe boundaries of a rabbit district, the rabbit board of such district shall maintain in an effective mamu'r so mucb of tbe fence as is Avitbin or on tbe said boundaries and keep it in good repair:

Provided that n i(li ri'ference to so mucb of tbe fence as is on the common boundary of two I'abbit districts, the rabbit boards of such districts may agree Avhicli board sliall maintain and repair t.lie fence, and, failing such agreement, the board named by tbe Minister shall maintain and repair the fema' and may recover from the other board half the expense so incurred.

26. Where before or after tlie commenceiuent of tliis Act, and iciiiwuy Coininis-

at the expi'use of tbe CroAvn, a barrier fence has licen erected, or any per.son authorised by tbe iMinister or a rabbit board to enter upon any land A’ested in tbe Commissioners for tin' ]mrpose of rabbit destruction.

fence has been coiiA'erted into a barrier fence, Avliich is Avholly or in fences,

part on tbe boundary of any lands A'csted in the llailway Commis­

sioners, the Commissioners shall maintain in an elVcctivc manner so

much of the fence as is on such boundary and keep it in good repair,

but the costs of such maintenance and repair shall be ])aid ont of tlie

27. In the casi' of any dispute betAveen rabbit boards as to the Arbimiiicn in case

payment of any money or the. doing of any act required to be paid or done under the provisions of this Act, or as to the carrying out of any agrcenuMit betAveen them made under this Act, the matter of the dispute shall be referred to and shall hi' determined by the Minister: ProA'ided that the JMinister before making his aAvard may refer tbe matti'r in dispute to tlu' local land board of any land district for iiiAmstigation and report; and may thereupon either make such aAvard himself or refer the Avhole matter, together Avith such report (if any), to the land aiipeal court to make an UAvard. Every such aAvard sliall be final and conclusive for all purposes.

PxiET

G72 Act No. G, 1902.

Hahhit,

PAIIT IV.

P R IV A T E EEN C ES.

IVhal arc prhato rahhit-proof fences.

Description of a 28. Por the purposes of this Part, a rabbit-proof fence shall be

rabbit-proof fence.

some one of tlie three kinds of fence herein dcscrilied, namely, cither—■

(a)	a substantial fence bung with galvanised-wire netting, at least forty-two inches in width, of a mesh and gauge to he approved of by the rabbit board, such fence being furnished with suitable rabbit-proof gates or otlu'r appliances at every necessary break in the fence : Provided that all other dimensions of such fence, including the height above ground, the depth below ground of the posts thereof, and of the wire-netting thereon, and all other details in connection therewith shall be in accordance with sjiecitications to be published in the Gazette by the rabbit board; nr
(b)	a fence erected in accordance with the requirements of the llabbit Act of 1890 Avhile such Act was in force, and being in a proper state of I’opair; or
(c)	a fence reasonably sufTicii'ut in the opinion of the rabbit board for the purpose of excluding rabbits.

Certificate by rabbit 29. (1) Till' rabbit board of the district within Avhich any fence

board that fence

is rabbit-proof. alleged to be rabbit-proof is situated shall, if so required in Avriting by the OAvner of the fence, cause the said fence to be inspected; and Avhen such lioard is satisfied that the fence is rabbit-proof, it shall grant a certificate to that effect.

Certificate prima (2) In any proceeding before a local land board in respect

facie evidence. of a rabbit-proof fence, or in a court to recover money by way of contribution in respect of any such fence, such certificate shall be prima facie evidence of the fa c t; and evidence in contradiction shall not be adduced, unless the prescribed notice has been given.

Rabbit-proof fence 30. AVhcrc any lands arc divided or bounded by a road or

may cross road.	travelling stock rcserv(; or route or juiblic lands, the local land board may grant to the occupiers or owners of such lands, or any of such OAAUiers or occupiers, permission to carry a rabbit-proof fence across such road, reserve, route, or public lands ; Providc'd that rabbit-proof gates shall be erected at places Avlnu'e the fence crosses such road or route, unless the local land board dispenses Avith the erection of the same.
Any dis^Acnsat ion granted under this section may be granted for a limited time and subject to conditions, and may be revoked by the l)oard upon reference by the Minister or application by any person interested.
to be an improve­

Rabbit-proof fence 31. AÂ hcre a rabbit-proof fence on CroAvn lands, erected or

ment. made rabbit-proof before or after the commencement of this Act (not

being

Act No. (), 1902. G73

Hahhit.

beiii" a barrier fence erected or mad(̂ rabbit-proof l)y or principally by tbe Cronni or a rabbit board) in tire opinion of the AFinistin’ makes rabbit-proof certain Crorvn hinds, such fence shall, for tlie purposes of this section, bo deemed lo lie an. improvement distributed equally over all such lands, and tlie value thereof shall l:)c the value of the improvement to an incoming tiuiant of such lands, and any purchaser or lessee thereof shall pay for tlie sami' in accordance witli the ])rovisioiis of the CroAvn Lands Acts.

32. The occupiin- of a boldiuq consisting wholly or in part of Xotico of intention

Crown lands held nndi'r occupation license or annual leasia may friyol!’

notice in the prescribed form to the chairman of the local land lease, &c.

board that he intends to make such holding rabbit-proof by erecting a

rabbit-proof fence, or converliug a fence into a rabbit-proof fence ;

and Avlifu'c such notice has been given, and such holding has been

made rabbit-proof in accordance with the terms thereof, such holding

shall bo deemed to have been made rabbit-proof by a rabbit-proof	‘
fence as from the date of such notice, so far as regards the payment under this Act for improvements in connection witli any lands with­ drawn from occupation license or annual lease by becoming the subject of any purchase or h>ase from the Crown after the date of such notice : Provided that the rabhit-jnoof fence shall he completed Avithin one year from the dat(‘ of such notice or Avithin such further time as such board on application may alloAV.
The provisions of this section shall apply in cases Avhere the proposed fence is a ring fence intended to enclose a grou]) of holdings, in Avhich case the notice may be given by any occupier of a holding proposed to be included in the grou]).

33. (1) Where a boundary, or any part thereof, of any holding ArijoininK i.oUiinKs

is fenced Avith a rabbit-proof fence, or a fence on such boundarjq or

part thereof, has been made rabbit-proof at the expense of the occupier fence,

or OAvner of such holding, or of the occupier or the OAvner of any land

included in the holding, a contribution toAvards the cost of the Avork

shall, subject to the provisions of this section, be payable by the OAvner

of any land outside the holding and adjoining the rabbit-proof fence to

the occupier or OAvni'r Avho has incurred such expense :

Provided that a contribul ion shall not be ])ayable AAdicre the local land board is of opinion tliat the rabbit-proof fence has been erected, or the fence has heen made rabbit-proof othcrAvise than bona tide for the purpose of excluding or destroying rabbits, or unless or until in the o])inion of the said board tlu' land from the OAvner Avhereof the contribu­ tion is demanded derives a benefit therefrom.

The right to receive such contribution shall Aust, and the lialiility to jiay the same shall arise, Avhen the tlien occupier of the holding gives to the then oAvner of the land outside the holding the prescribed notice of demand; and from and after the date Avhen such

2 u notice

r ' - - '

674   Act No. 6, 1902.

Hahhit.

notice is given, tlie amount ol’ the contribution, or so much thereof as may for the time being be unpaid, shall, until payment, be and remain a charge upon the land in respect of vhicli such contribution is payable.

(2) The following provisions as to contributions sliall

apply

(a)	A contribution shall be payable only in respect of so much of the fence as is on the common boundary.
(b)	The amount of the contribution shall in every case lie assessed according to the benefit derived, and to be derived, from the fence, and shall in no case exceed half the valiu! of the fence, or in the case of a fence which does not belong

.. or does not wliolly belong to the person who makes the same rabbit-proof, shall not exceed half the value of the work of making such fence rabbit-proof; and such value shall be the value at the date when the aforesaid notice of demand Avas given. The amount of the contribution shall be deter­ mined by the local land board.

(c)	Nothing in the Crown Lands Acts or in the Act ninth George the Lourth number Lvelvc shall relieve any person from liability to pay a contribution under this Act.
(d)	It shall be immaterial v.hether the rabbit-proof fence was erected or the fence Avas made rabbit-proof before or after the commencement of this Act.

34.   In any case Avhere a contribution toAvards the cost of a

to loiitributo iiuU ̂ I'abbit-proof fence is payable under the proA'isions of the last preceding cost of maiuicaaiice#

’ section, an annual contribution toAvards the expenses incurred in the maintcmancc and repair of the fence shall also be paid; and for the purposes of such annual contribution the years shall be taken to run from the date or recui’ring date of the notice of demand required by the said section.

The right to receive such annual contribution, and a corres­ ponding duty to maintain and repair the rabbit-proof fence, shall run Avith the holding Avhereof the occupier or OAvner Avas entitled to receive payment of the contribution toAA'ards the cost of the fence; and the liability to pay such annual contribution shall run Avith the land Avhereof the owner Avas liable to pay the aforesaid contribution toAvards the cost of the fence.

The amount of such annual contril)utiou shall bo one-half the expenses of, or incidental to, the maintenance and repair of tlic fence, as determined by the local land lioard.

Nothing in this section shall atl'ect any right to an annual

contribution toAÂ ards tlic cost of the maintenance and repair of a

rabbit-proof

Act Ko. G, 1G02. G75

llahhit.

ra1)lnt-])roof fence accrued under or by Aurtuc of tbe ])rovisions ol‘ tbe llal)1nt Act of 1890, and tbe local land l)oard sliall have power to assess and determine the amount of any such contribution.

35. AYliorc a private ral)l)it-proof fence, erected before or after tihm'iowi, t.) lontn-

tlu' commenci'mcnt of tin’s Aet (not bcinp'a barrier fence ei’ccted or made, rabbit-proof liy or jirincdpally by the Crown or a rabbit board), forms a common boundary fence lictween private and public lands, and before or after the commencement of this Act particulars of such fence have been furnished to the Minister, and he lias consented to the erection of the fence, tlio same contribution sliall be payable by the Crown in respijct of the erecting the fence or making it rabbit-})roof as would be payable by any private owner; and the amount of such contribution shall be determined by the local land board in the same manner as if the said public lands were private lauds.

36. AVhere fences within a ralibit district have ivliolly or in ])art, i;,nniTiVnec,.<i‘iTdcii

Ixdbrc the commencement of this Act, been rendered raliliit-})roof

the expenditure of moneys voluntarily contributed or paid for the fur.

])ur])Osc by any stock boards, or by any ])orsons, the rabbit board of

the district may apply any moneys raised liv rabbit rates within the

district in rc])aying to the said stock boards or persons tlu; moneys

so contributed or jiaid by them as aforc'said, or any part thereof, if, in

tlu' opinion of such board, the fences are barrier fences within tbe

meaning of this Act.

Grouping o f holdings.

37. AVhen a ring fence enclosing two or more holdings or any Funii.iiiouuf-vuups

portion thereof is a rabbit-proof fence, made rabbit-])roof by oi- by

agreement between the occupiers or owners of such holdings, tlu' lands

•

(including all roads) so enclosed shall, Avith the eo)iscnt of the rabbit board of the district, form a group of holdings within the meaning and for the purposes of this Act.

Any existing fence or portion thereof may form part of tbe ring

fence of any group, but not Avithout the consent of the OAvner of such

fence or portion thereof Avhosc holding thereby forms part of the group.

The Minister may agree that any public lands shall be included

Avithin a group, and the CroAvn shall thereupon become liable in the

same Avay as the ocenpic'r or owner of any holding of priA ate lands

Avithin the group.

The rabbit board may agree that any rabbit-proof fence erected by it, or any barrier hmee, may bo used for the purpose of the grouping of holdings.

A\'here any holding is enclosed Avith a rabbit-])roof fence, aiid any part of the holding becomes the subject of any homestead selection, purchase, or lease from the CroAvn, and is thereby AvithdraAvn I'rom such holding, the ncAV holding created by such homestead selection,

purchase.

676   Act ITo. 6, 1902.

Rahhit.

purchase, or lease, and the residue of the original holding shall he a group of holdings ; and any portion subsequently so withdrawn from the residue shall also he a holding within the group.

Any group of holdings constituted under the Rahhit Act of 1890 shall be a group of holdings within the meaning and for the purposes of this Act.

Owner not liable for 38. When any gi’oup of holdings has been made rahhit-proof,

fencing land within occupici’s 01’ owiiei's tliercof sliall not he liable to contribute

' towards the cost of erecting or maintaining and repairing a rahhit- proof fence or making rahhit-proof any existing fence around any holding within the group; and it shall he immaterial whether the group has heen made rahhit-proof before or after the commencement of this Act.

Grouped holdings. 39. (1) A gi’oup of holdings shall he deemed to he a single holding so far as regards any contribution towards the cost of the erection, maintenance, or repair of rahhit-proof fencing as payable hy or to the occupiers or ownei’s of adjoining holdings or lands outside the group.

Provisions applicable (2) The following provisions shall apply to the holdings

forming part of a group, and to the occupiers thereof :—

(a) The liabilities of such occupiers as between themselves, in

respect of sums expended or to he expended for the erection, maintenance, or repair of the ring fence, or of amounts paid, or to he paid, as contributions towards the cost, maintenance, or repair of any portion of such fence, shall he proportionate to the respective areas of their holdings, and in any case of dispute shall be such as may be declared hy the local land

* hoard ; and the amount declared by such hoard to he payable hy any such occupier shall he a charge upon all land forming part of his holding.

fh)

The majority in number of the occupiers A\diose holdings for the time being constitute a group may, from time to time, hy an instrument in the prescrihed form, appoint any person to be the secretary of the group; and proceedings may he taken under this Act by or against the secretary for the time being of a group, as nominal plaintiff or defendant representing all the occupiers of holdings constituting, or which at the time when the lial)ility arose constituted, the group.

(c)

In any case where a group of holdings is not known to have a duly apjiointed secretary, or the duly appointed secretary cannot ho found, the rabbit board of the district in Avliich such group or any portion thereof is situate may designate the occupier of any holding included Avithin the group to he

the

Act No. 0. 1902. 077

Hahhit.

tlic nomintil (lel'cndaiit representing all the occupiers of all the holdings constituting the group for the purposes of any proceedings under this Act proposed to ho taken against such group or such occupiers; and proceedings may there­ upon be taken against such occupier as nominal defendant in the same way as if he were the duly appointed secretary of the group.

(d)	Where judgment has heen recovered against the secretary of a gronji or other nominal defendant as aforesaid, and has not been satisfied, or where an order for the paynnuit of money has heen made against such secretary or nominal defendant, and has not been complied with, the person entitled nnder such judgment or order may apply to the local land hoard to settle the respective amounts to be contributed hy the occupiers of the holdings within the group for satisfaction of such judgment or compliance with such order; and the local land hoard shall thereupon settle the said respective amounts in proportion to the respective areas of the holdings ; and the person entitled nnder such judgment or order may take proceedings against each or any of such occupiers for the amount settled by tlic land hoard.
(e)	A holding shall not cease to form part of a group, hy reason only of any change of ownership of such holding, or of any other holding; hut any occupier may, with the j)crmission of the rabbit board, and subject to any condition which it may impose, detach his holding from the group of which it formed part if the boundaries of such holding have been made rahhit-proof.
(f)	If at any time it appears to the rabbit hoard that a group of holdings is too largo for the clfective destruction of rabbits, and that the occupiers of not less than one-half of the grouped lands dc'sire that such group may be subdivided, it shall be lawful for the board to authorise the suhdi^■ision of such group, and to determine the lines of subdivision. And the subdivision rabbit-proof fence between any two of the groups into which the original group has been subdivided shall, in all respects, he dealt with as if the same formed part of the ring fence of each such group.

TAUT

678   Act No. 6, 1902.

Rabbit.

P A irr A'.

D k STRUCTIOX O i' KAJ515ITS.

Destruction b>j owners and occupiers.

Duty of owners iind 40. It sluall be the duty of tlic owner or occupier respectively

occupiers to destroy

rabbits.	of any land from time to time to suppress and destroy, by all laAvful moans, at bis own cost, and to the satisfaction of the rabbit board, all rabbits which may from time to time be upon such land, or upon any roads boundin^ ̂or intersecting the same, or any part thereof.
Penalty for default.	Any such owner or occupier who fails to fully and continuously perform such duty as aforesaid shall be liable to a penalty on the first conviction of not more than ten pounds, and on the second conviction of not more than twenty-five pounds, and on the third or any subsequent conviction of not more than fifty pounds.
occupier ni;iy burn

Any owner or 41. Por the purpose of clcstroying or suppressing rabbits, any

without notice. OAvner or occupier may at any time, rvith the consent of tlu' rabbit board first obtained, and notAvithstanding anything in any Act contained, burn or ignite any straAV, stubble, grass, herbage, scrub, Avood, or other inflammable material on his land, subject only to conditions to be imposed by the board.

Authorised person 42. (1) Any authorised person may, on the production of his

may enter bolding''. authority (if such production is demanded by any OAvner or occupier), from time to time enter any land Avith or Avithout assistants, dogs, horsi's, and A’ehicles in order to search Avhether any rabbits are on such land, or to erect or repair barrier fences or gates, or to examine and inspect land, or for any purpose AA'hatsoevcr undc'r this Act, and may remain thereon so long, and do all such things as may he necessary or reasonable.

Penalty for	(2) Any person Avho falsely represents himself to be, or
personating or

obstri^cting	personates an authorised person under this Act, shall be guilty of a
authorised person.	misdemeanour, and shall ojv conviction be liable to be imprisoned with or without hard labour for any period not exceeding six months, or to pay a penalty not exceeding one hundred joounds.

Any person aaIio AvilfiAlly assaults, obstructs, hinders, or

interrupts, or causes to be assaulted, obstructed, hindered,	or
interrupted, any authorised person in the exercise of any poAver	or

authority ATsted in him by this Act, shall for every such offence if no other penalty is s])ecially provided, be liable to a penalty not exceeding tAvenfy pounds ; hut no proceeding for recovery of such penalty nor tlie payment thereof shall be a bar to any action at laAV for or in respeof of any such assault as aforesaid, but cvinw sucb action may bo commenced and proceeded Avith as if this Act had not passed.

Meaning of (3) Tor fhe purposes of this section an “ authorised person ”

“ authorised jierson.’*

means a person having authority from the Minister or from a rabliit

board, and such authority may be a general authority.

Destruction

Act No. 0, 1902. 079

Rahhit.

R estntrlion h\j rahhit hoards.

43. A i‘al)l)it board may, by notico in the Gazette, specify— RaWnt bonni nmy

(a)	tlio (late or dates (not bein';" less than one montli from tbe date
of tbe notice) on or before 'wbich the owners or occupiers of “

all or any lands witbin the rabbit district shall respccliv(dy commence the work of snppressini^ and destroying ralibits on siicb lands, or upon any roads bounding or intersecting tbe

sam e; and
(b)	tbe jieriod or pinaods daring wliicb tlie said work shall b(' continued and systematically carried ou t; and
(e)	tlie means (being means previously sanctioned by tbe Minist('r) which shall be adopted for caia-ying out tlie said avork.

Any sucb notice, or an abstract thereof, shall also be publislu'd not less than one month before the date or dates so specified in one or more newspapers published or circulating in the rabbit district.

ddic rabbit board may also give to tbe oavner or occupier of any land avitbin its district a peremptory notice in airiting to tak(' all proper steps in order to suppress and dc'stroy rabbits on such land, and to adopt such means for the })urposc as may bo specified in the notice. The expression “ proper steps” in this section means such sh'ps as may be declared by the rabbit board in the notice or by notification to be proper steps for suppressing or destroying rabbits.

44. If any such oavner or occupier neglects or fails to comply avith rowors of board ir

the terms of any notice, avhether published in tbe Gazette or givim to him in avriting as aforesaid, sucb person may be summoned to apyiear before the rabbit board, and unless he explains his neglect or failure to the satisfaction of the board, or receives an extension of time to comply avith the notice, any ]ierson authorised by the board may enter upon tbe land and use such means and take such measures and do and perforin such acts or things as to him may ajipear proper or necessary to be done to ensure the ch'struction of all or any of the rabbits upon such laud, and shall have free right of ingress, egress, and regress into, over, and across such land for such period as may, in his opinion, be n('C('Ssary for destroying sucb rabbits :

Provided that nlnu'e a municipal council is such owiku' or oecuiiier, the council clt'rk shall be tlie pi'rson to be summoned on bidialf of such council:

Provided also that—

(a)	poison shall not lie used unh'ss notice has been given to the occu2n’er of the land of the intention to use poison, and nothing shall b(‘ done in contravention of the Animals Infectious Jliscascs Act of 1888 ; and
(b)	nothing contained in this section shall jirejudicc any proceed­ ings under this Act for the recovery of any penalty incurred
hy an owner or occupier of any land. 45.

r -

680   Act No. 6, 1902.

Hahhit.

Owner or occupier	45. All costs, cliarges, and expenses incuiTed by a rabbit
to pny expenses

incurred by board. board under tlie provisions of tbe next preceding section in destroying rabbits upon any land sliall be repaid by tlic owner or occupier of the land, and until sucb repayment shall be and remain a ebarge upon sucb land, and shall liave priority over all mortgages or other charges thereon, other than debts due to the Crown. In the case of land vested in or held by any municipality, sucb costs, cliarges, and expenses shall, until payment, be and remain a ebarge on the revenues of such municipality, as well as a charge on tbe land upon wliicb the rabbi(s were destroyed.

Natural enemies o f rahhils.

Natural encmit s of 46. The Governor, by proclamation in the Gazette, may declare

rabbits protected.	any animal, bird, or reptile to be a natural enemy of the rabbit, and prohibit Avitliin any area (wbetber Avitliin a proclaimed rabbit-infested district or not) to bo specitied in sucb proclamation tbe wilful wound­ ing, killing, or capturing, selling, or disposing of any such animal, bird, or reptile, Avitliout a special permit in that behalf, and may alter or revoke any sucb proclamation, or any proclamation to tbe like effect made under tbe Rabbit Act of 1890.
Any proclamation issued under the Rabbit Act of 1S90 whereby any animal, bird, or reptile has been declared to be a natural enemy of the rabbit, shall continue in force according to tbe tenor thereof, unless and until re\'oked nnder the provisions of this section.
&c., natural enemy

Penalty for killing, Any person who, witbin an area or district mentioned in any

of rabbit. such proclamation, Avitliout lawful authority (the proof of Avliicli shall be on sucb person), Avilfully Avounds, kills, captures, or sells or disposes of any animal, bird, or reptile so declared to be a natural enemy of the rabbit, shall be liable to a penalty of not more than five pounds.

Offences.

Penalty for 47. Any person Avbo—^

miscellaneous

offences. (a) Avilfully cari’ies, drives, or passes any live rabbit through, under, or over any rabbit-proof fence or gate; or

(b) Avilfully leaves open any gate in a rabbit-proof fence ; or

(c)	Avitbout lawful authority (the proof of Avliicli shall bo on the person claiming to have the same) Avilfully destroys, injures, tears-up, depresses, or remoA ês any portion of a rabbit-proof fence or gate, or excavates under, or in any Avay tampers AAdtb, any portion of such fence or gate, so as thereby to endanger its eifectReness as a rabbit-proof fence or gate ; or
(d)	attempts to do any such act as is hereinbefore mentioned, or procures the same to be done

shall

Act No. 6, 1902. 681

Rahhit.

shall Ije liable to imprisonment, with or without hard labour, for any term not exceeding’ six months, or to a penalty not exceeding one hundred pounds, or to both imprisonment and peiialty.

A rabhit-proot fence or gate, for the purposes of this section, shall mean a fence or gate apparently intended to protect any land from rabbits, and shall include a barrier fence, or gate therein, and it shall be immaterial whether or not such fence or gate is in accordance with the requirements of this Act.

48. Any person who Avithout lawful authority (the proof of Ponaiiy for keeping,

which shall be on the person claiming to ha\-e the same) Avilfully liberates or attempts to liberate, or has in his possession any live rabbit (whether Avithin a proclaimed rabbit-infested district or not), shall be liable to a pwialty ]iot exceeding one hundred pounds for CAmry such offence ; but nothing herein contained shall be construed Permission to keep

to prohibit any jAcrson from keojiiiig live rabbits in any safe enclosure

AAuth the permission of the Minister first had and obtained.

49. Any jierson avIio, Avithout lawful authority (the proof of Penally for

AA’liich shall be on the person claiming to liave the same), Avilfully destroys, injures, removes, or interferes Avith any trap, snare, poison, matter, or thing AA'bich is used or required for the purpose of capturing or destroying rabbits, and which is lawfully placed upon any land for such purpose shall he liable to a penalty not exceeding twenty pounds.

Expenditure of puhlic money.

50. "Where money has been voted by Parliament for the purpose Expondiuire by

of rabbit destruction on public lands, or for the erection or repair of

barrier fences, the Minister may authorise a rabbit board to apply lamui

such money or any part thereof for that purpose, on such terms and

conditions as he may think fit.

PART VI.

General and Supplemental.

Procedure.

51. Any proceedings for—■ Petty sessions to

(a)	the recovery of any sum of money, Avhich any person is, ojVoiTraccsrnd’'''̂''̂
in pursuance of this Act, required or made liable to pay ; or money claims.
(b)	the recovery of penalties or punishment of offences under this Act or any regulation made thereunder

shall be heard and determined in a summary Avay before a court of petty sessions in accordance Avith the provisions of the Acts in force for the time being regulating summary proceedings before justices.

Any

G82 Act No. 6, 1902.

Hahhit.

Any person may take proceeding's for the punishment of any offence under tin’s A c t; hut where the land upon which an. offence was committed is situate within a rahhit district any penalty imposed for such offence shall belong and he paid to the rabbit board of the district, any law or statute to the contrary notwithstanding, and the Court imposing such penalty shall order accordingly.

Action in iiie 52. Wlicrc Under this Act anv sum of money is ordered by a Colntin certni'ncourt of ])etty scssions, or by a Court of Quartcu- Sessions on appi'al lase.̂ . therefrom to be paid, and the same is not jtaid Avithin the period

named in such ord(M‘, it shall he laAvful for the person entitled to receive payment of such sum to sue upon such order in a District Court or the Supreme Court.

.) iirisdiof ion of Lind	63. In any proceedings under this Act, the jurisdiction of the
board or court not to

be ousted.

local land hoard or of the Court before Avhich the proceedings arc had, shall not be ousted on the ground that the case raises any question of title to land, or that the defendant does not reside Avithin the houndaries of the jurisdiction of the board or Court: ProA'ided that in such last-mentioned case the land in respect of Avhich the ])roccedings are had shall be situated Avitbin the houndaries of the jurisdiction of such board or Court.

may allow time for

Local Lind ])oard 54. In any proceedings under this Act before a local land

nay ment. board for the determination of any contribution, Â alue, or other sum of money, the local Imid board may alloAV tini(5 for the payinent of such contribution, A’alue, or sum of money, aiid may d('termine the instalments by Avhich the same may be paid, and appoint tbe dates on or before AA’bich such instalments shall be paid, and such contribution, value, or sum of money shall he payable by the instalments and on the dates so determined.

App3Jil lo land 55. Where any proc('cdings umh'r this .Vet arc had before a

appeal court. local land board, an appeal shall lie to tlu' Land Appeal Court; and the Minister or such board shall have the like poA vers of referc'uce to such Court, so far as practicalde, as he or it uoav has under the OroAvn Lands Acts ; but if there be no appeal or reference, the determination or

. decision of the local land board shall be final and conclusive'.

Tho provisions of tlie 56. Tlic provisioiis of tlic Ci’OAVu Laiids Acts regulating procecd-

M irpr̂ edurotô

bcforc local land boards, and upon appeals and references to tbe Land .Vppeal Court undi'r such Acts shall, as far as practicable, be applied to proceedings, appeals, and references under this A c t; and for the purposes of proceedings under this Act, the Land Appeal Court and local land boards and the respective members and officers thereof shall have the same authorities and powers as arc conferred by the CroAA'n Lands Acts for the purposes of proceedings under the said Acts, and in addition thereto the Land Appeal Court (on ajipeal) and a local land board shall have power to make such orders as to the costs of any proceedings before the local land board as ma appear just.

apply.

‘ ‘ 57.

L

Act No. G, 1902. 683

Rabbit.

67. Whenever any question of law arises in a ease before tlie Case nmy he stated Land Appeal Court, sueh Court sliall, if ri'quircd in Avriting by any o f f«‘’ >̂‘P«nie Court, the parties Avitbin tbe preseribed time and upon tbe preseribed con­

ditions, or may of its own ntotion, state and submit a case for decision by tbe Supreme Court tbereon, Avbieb decision sball be conclusive.

fivory sucb case sball purport to be stated under this section, and sball state tbe names oi' tbe fiersons who arc parties to tbe appeal, reference, or other proceeding, and sball be transmitted to the Protbo- notary of tbe Supreme Court to be dealt Avitb as to tbe setting down of the case for argument, and the bearing of the same, and its return Avitb the decision of tlic Supreme Court tbereon, as tlie Judges of tbe said Court, or any two of tbcni may direct. The Supreme Court for tlie purposes of this section may consist of tAvo judges only, and sball have poAver to deal Avitb the costs of, and incidental to, any casi' stated under this section as it may tbink fit.

58. Any notice, information, complaint, agreement, or oilier AutiK'niicuiion of

document, by or from a rabbit board, sball lie sutbciently a u t b e n t i - '

caied if it is signed by the chairman of the board, or nnder bis

direction by the secretary of the board, and authority in tbe chair­

man or secretary to so sign sball be presunu'd unless and until tbe

contrary is sboAvn.

Any notice or other document to be given to or served uyion a rabbit board may be gii cn to or served upon the secretary or chair­ man of sucb board.

59. (1) Any notico given under or for the jmryioses ol' this Act, Sei-vicc of nuthos.

or any regulation madi' thereunder, may be given in any one of the

folloAving AA'ays : —

(a) personally to the person to A vbom the notice is addressed; or

(b)

by registered letter sent through tbe post and directi'd to llii' last k n o A v n place of abode or of business in A cav South Wab's of tlic person to Avbom tbe notice is addressed; or

(c)

by adA'crtising the same twice at least in some noAVsyiayier publisbed or cirerdating in tbe district in AAdiich the lands the subject of notice arc situate, an interval of a week or more being sucb alloAved to lapse between such advertisements: Pro- Auded that notice sball only be givmi as last aforesaid Avben tbe Avbercabouts, or tbe last placi' of abode or of business in N cav Soiitli Wales, of the person to Avbom such, notice is addri'ssed cannot be discoA'cri'd by tbe person issuing sucb notice.

(2) Any notice required by this Act to be given to the occupier or the OAA'ncr (as the case may be) of any bolding or land, sball in cases AAdierc scA'oral persons are the occupiers or tbe oaa ners thereof, be duly g;iven if given to one of such occupiers or owners.

60. Por tbe purposes of any proceeding under this Act the Generalaescription

di'scription of any bolding or land need not be a description by metes ssu icien .

and

F ”

684   Act No. 6, 1902.

Hahhit.

and hounds, but sliall be sufficient if it makes such reference to the holding or land either by naini', situation, houndaries, or otherwise, as allows of no reasonable doubt as to what holding or land is referred to.

Proceedings when

o:?eupier or 61. Where the name of the occupier or owner of any holding

owners unknow'n. or land is unknown to any person giving notice or taking proceedings under this Act, any such notice may he addressed to the occupier or owner as such, and any such proceedings may he taken and any order or decision therein may he made or given against the aforesaid occupier or owner as such.

General powers.

EfTeet of moneys

being cliarged.	62. Whenever hy this Act, any sum of money is expressed to he charged upon any private land, any person thereafter becoming the owner of such land shall he taken to have notice of such charge, and shall he liable to j)ay the sum so charged or so much thereof as may for the time being he unpaid as if he were the person originally liable; hut nothing herein contained shall oioerate to discharge the liability of any person originally or previously liable : Provided always such charge shall he entered in the rahhit rate-book as against such land at the date of ti’ansfcr, and it shall he the duty of the hoard when and so often as any land within the rahhit district becomes chargeable with any sum under this Act to have an entry of the same made as aforesaid.
Power to raise
money by mortgage	63. It shall he lawful for any person in whom any land is vested as mortgagee to add to his mortgage debt any sums expended or contributed hy, or recovered from, him for or towards the erection of a rahhit-proof fence, or the converting of a fence into a rahhit-proof fence upon, near, or for the benefit of such laud, or for or towards the maintenance or repair of any such fence ; and it shall he lawful for any person in whom any land is vested as a trustee to raise the sums required or recovered for any such purpose hy mortgage of such land, in the same way as if a power to mortgage for any or all of such purposes had been contained in the instrument creating or declaring the trusts.
Regulations by the
Qoverncr.	64. Whenever in this Act tln̂ expression “ prescrihed” is used in connection with any matter, and n henever in this Act “ regulations” are referred to, the Governor may frame regulations for the purpose of giving effect to the matters which may he so prescrihed or in relation to which the regulations are referred to.
The Governor may make regulations for the purpose of carrying this Act into effect, and may in those regulations provide for the enforcement thereof hy penalties not exceeding in any case, ten pounds. Such regulations upon being published in the Gazette shall ho valid in law. A copy of every such regulation shall he laid before both Houses of Parliament within fourteen days from the publication thereof, if Parliament he then in session, or otherwise within fourteen days after the commencement of the next ensuing session.

Act