Rabbit Act of 1913 (4 Geo v No. 7) (Qld)

15954 ss. 1-'3. RABBITS. Ra~ bit Act. 4 GEO. V. No. 7, PEARLSHELL FISHERY. See FrSHERIES. PRICKLY-PEAR DESTRUCTION. See LAND, CROWN. PURE SEEDS. See AGRICULTURE. RABBITS. 4 G N e o o . . 7 V . . An Act to Consolidate and Amend the Laws relating THE to the Incursion and Migration of Rabbits. RABBIT AOT OF 1913. [ASSENTED 'IQ 30TH SEPTEMBER, 1913.J 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 : - PART 1.- PRIILHUNARY. PART I.-PRELIM:INARY. Short title. 1. This Act may be cited as "The Rabbit Act of 1913." Division of Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART H.-ADMINISTRATION; PART HI. -RABBIT DIS'L'RICTS AND RABBIT BOARDS; PART IV.-FuNDS OF BOARDS; PART V.-POWERS OF BOARDS; PAR'L'VI.-ENCOURAGEMENT OF RABBIT-PROOF FENCING BY OWNERS; PART VII.-GENERAL PROVISIONS. Interpreta. tation. Board. Cattlt'. Central Board. 3. (1.) In this Act, unless the context otherwise indi- cates, the following terms have the meanings set against them respectively, that is to say:- " Board"-The Rabbit Board of a District; " Cattle" includes horses; "Central Board "-The Central Rabbit Board established or deemed to be established under this Act; .

1913. RABBITS. Rabbit Act. s.3. 5955 PART I.- PRELIMINARY; "District"-A Rabbit District constituted or deemed District. to be constituted under this Act; "Holding"-Any occupied country land, whether Holding. held in fee-simple or under lease, license, or otherwise; "Managcr"-The resident manager of a holding Manager. the owner of which is not resident; "]![ember"-A member of a :Rabbit Boa,rd; Member. " Minister" ~ The Secretary for Public Lands or Minister. other Minister of the Crown for the time b~ ing charged with the administration of this Act; "Newspaper"-A newspaper generally circulating Newspaper.' in the District; " Owner"-The person for the time being entitled Owner. to possession of a holding or st.ock, as the case may be; . "Prescribed"-Pres.cribed bv this Act; Prescribed. "Rabbit-proof" used with reference to fencing-:---- Rabbit.proof.. of such a character as to prevent the passage of rabbits; "Resident"-Resident in the District; Resident. " Statutory Return"-A r.eturn of stock made under St~tutory " The Slock Return,s Act (if 1893"* or any Act Return. amending or in substitution for that Act; " Stock"-Cattle and sheep; Stock. "This Act"-'rhis Act and all proclamations, regu- Tb,is ..tct. lations, by-laws, and orders made thereunder; "Year"-The period of time beginning with the Year. first day of April and ending with the thirty- first day of March following. (2.) For the purposes of determining any matter Equivalent of arising under this Act in cases where cattle and sheep are~ ~ : : l~ . and being depastured on the same holding, all such cattle and sheep shall be taken into account; and for that purpose five sheep shall he deemed to be the equivalent of one head of cattle. (3.) Suve as next hereinafter provided, where 'any Land in more person is the owner of any land, whether consisting of one ~a~ ? ~e parcel or of two or more parcels adjoining each other, and IS nc . such land is ~ ; ituated partly in one District and partly in '* 57 Vic. No. 10, supra, page 32i7.

5956 ss. 4, 5. PART I.- PRELIMINARY. RABBITS. Rabbit Act. 4 GEO. V. No. 7, :Repeal. another District, such land shall for all purposes of this Act be deemed to be situated wholly within the District in which the greater part thereof is situated. But this subsection does not apply to a pastoral holding held under Part Ill. of " The Land Aat of 1910"* which is situated wholly within one District. 4. (1.) "'l'he Rabbit Boa1'ds Acts, 1896 to 1909,"t and " The Rabbit Boards Aats Oontinuation Aat oj'1911,"t and " The Rabbit Boards Aats Oontinuation Aat of 191'l."§ are repealed. (2.) Subject to this Act, any District, Board, member, officer,or person constituted, elected, or appointed under the Acts hereby l;epealed shall continue and be deemed to have been constituted, elected, or appointed, as the case may he, under this Act. (3.) All property or moneys acquired or received by any Bop.rd under the Acts hereby repealed shall be deemed to have been acquired or received under this Act. (4.) Any regulation, by-law, license, authority, certificate, Ol'der, direction, or notice made, granted, or given under the Acts hereby repealed and in force at the commencement of this' Act shall continue in force until rescinded or amended or otherwise dealt with. under this Act. (5.) Any document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment of this Act. PART IJ.- ADMINISTRA- P AR'I.' II.-ADMINISTRAl'ION. TION. Administra- 5. (1.) The Minister shall be charged with the super- tion of Act. vision of the administration of this Act in every District. Inspertors. (2.) The Governor in Council may, from time to time, 1896, s. 21. appoint persons to be inspectors for the purposes of this Act. Every such inspector shall ex officio be a member of every Board, except of the Central Board, in addition to the elected or appointed members. But not more than two such inspectors shall act at any meeting of a Board. ,. 1 Geo. V. No. 15, 8upra, page 1347. t 60 Vie. No. 34 and amending Acts, lIupra, pages 2831 et Btq. ::: 2 Geo. V. No. 20, 8upra, pa.ge 5207. § 3 Geo. V. No. 30, 8upra, page 5714.

1913. RABBITS. Rabbit Act. ss. 6-8. 5957 PART II.- ADMINISTRA- TION. 6. There shall be established a Board, to be called Establish- the Central Rabbit Board, consisting of the Minister (who ~ l~ : ~ i~ ~ ' ~ of shall be ex officio chairman) and any number of members,Oentral not more than six, appointed and removable from time to ~ ; 9at~ ~ . 6. time by the Governor in Council. It'shall be the duty of the Central Rabbit Board to .advise the Minister upoiI. matters relating to the adminis- tration of this Act, and generally with respect to any measures for preventing the incursion and migration of rabbits or for the destruction of rabbits. The Central R.abbit Board shall meet at such times a,nd places as the Minister may direct. 7. In every year there shall be issued and paid to the Endowment Central Board out of the Consolidated Revenue of the State ~ Oeft.ral a sum not exceeding trn thousand pounds. 1;;J, ~ 7. 8 All moneys received by the Central Board under Applieation this Act shall b~ paid into a fund called the Central ~ ~ ~ ~ ~ ~ is of Rabbit Fund, and shall be applied for the following pur- Board. poses and not otherwise, that is to say,- 1896, s. 8. (i.) Defraying the necess~ry expenses of the adminis- tration of tbis Act, including the necessary travelling expenses of any officers or servants of'the Central Board; (ii.) Paying to the Board of e'very District in every year any part of the amount of the cost and expenses (if any) incurred by such Board during such year in repairing or maintaining any fencing originally erected at the public expense, for the purpose of preventing the incursion of rabbits into Queensland, upon so much of the boundaries of the State as form~ part of the boundaries of such District; (iii.) And generally (in such manner as the Governor in Council may from time to time direct) for defraying or contributing towards the cost of any measures taken for the pI'even- tion of the incursion or migration or for the destruction of rabbits, or for repaying to the lloard of any District any costs 01' expenses incurred by such Board in carrying out this Act.

5958 PART II.- ADMINISTRA- TION. ss. 9, 10. RABBITS. Rabbit Act. 4 GEO. V. No. 7, Notice 9. (1.) The Minister may cause to be served upon the : ~ ~ : ~ ~ ~ ! to owner of any holding which is enclosed with a rabbit-proof be taken for fence, or is situated within another holding so enclosed, a draebsbtritusc_tion of not"ICe In wrI.tm. g, requl.r.mg suchownter ' 0 fort,h W ' l th take 1896, effective measures for the destruction of rabbits upon his 8S. 41 to 44. hoId' mg. Default notice. (~ . ) If such owner, for a period of thirty days after the service of such notice, fails to comply with the requirements thereof- (a) He shaH be liable to a penalty not exceeding one hundred pounds nor less than ten l)ounds; and whether he has been convicted or not- (b) The Minister may authorise any person, with or without assistants, to enter upon the holding, and take all such measures and do all such things as to him may appear expedient for the purpose of ensuring the destruction of rabbits upon the .holding. Any person so authorised may enter and remain upon the holding, with or without assistants, and may take any such measures and do any such things as aforesaid during such period as in his opinion is necessary for such purpose. woPfoitsehtnpdtorraynweomarle. nt d ays ( t 3 h . e ) p I e f rasoftnersothauetheoxrpiisreadtioisn soaftissfuicehd tpheartiosducohf othwinrteyr is doing all such acts, matters, and things as are necessary for the destruction of rabbits upon the holding, such person may, from time to time, postpone entering upon the holding, or, in the event of his having entered, may withdraw therefrom upon the owner paying all costs, charges, and expenses incurred by such person up to the time of such withdrawal. Recovery of (4.) Where any person so authorised has incurred any aconsdtse,xcpheanrsgeess. , costs ' charges .' or expenses in se3rching for or destroying rabbits found upon the holding, the amount of all such costs, charges, and expenses shall be recoverable from the owner, and payment thereof may be enforced by the Minister by complaint in a summary way or by action in any court of competent jurisdiction. PART III.- RABBIT DISTRICTS AND RABBIT BOARDS. PART lIl.-RABBIT DISTRICTS AND ,RABBIT BOARDS. Constitution, 10. (1.) '.L'he Governor in Council may, by Order & D c is ., tr o ic f ts. in Council, constitute any part of Queensland a Rabbit 1896, s. 9. District for the purposes of this Act.

HABBITS. ss. 11, 12. 5959, PART I1I.- 1913. Rabbit Act. RABBIT DISTRICTS AND RABBIT BOARDS. (2.) ',rhe Governor in Council may fr9m time to time, by Order in Council- (i.) Unite two or more Districts into one District; (iL) Divide a District into two or more Districts; (iii.) Alter the boundaries of a District by including in such District part of· another District and excluding it from such other District, or' by including in a District any pa:rt of Queensland not previously included in a District. When a District is divided into two or more Districts, or a portion is severed from one District and included in another District, and in every other case in which it may, in consequence of the alteration of the boundaries of Districts, be necessary so. to do, the Governor in Council may, by Order in Council, declare and apportion the assets and lia:bilities of the respective Boards hetween them. In any of the cases aforesaid, if any of the Boards affected is indebted to the Treasurer in respect of moneys advanced by way of loan, the Governor in Council may, by like Order in Council, declare and apportion the liabilities of the respective Boards in respect of such loan. Every such Order in Council shall have the same effect as if it were enacted in this Act. 11. For every District there shall be a Board which Board for shall consist of SO many members as may be from time to ~~~1 ~i~ ~iet_ time prescribed hy the Governor in Council by Order in ' Council. Such members shall be elected or appointed in manner hereinafter provided. 12. Every owner, part Oiyne1', general manager, or Qualification resident manager of a holding in the District assessed at ~ ~ d: ~ : fo: BS. not less than fifty head of cattle or two hundr~ d and fifty 1896, s. 11. sheep shall be qualified to be elected a member. Every resident owner or manager of such a holding shall be qualified to vote at tm election of members accordi:Q,g to the following scale, that is to say,- 50 and under 2,000 head of crrttle, or 250 and under 10,000 sheep One vote 2,000 and undel' 5,000 head of cattle, or 10,000 and under 25,000 sheep Two votes 5,000 head of cattie or 25,000 sheep, and upwards ..• Three votes:

$960 ss. 13-16. RABBITS. PART 111.·- RABBIT DISTRICTS AND RABBIT Rabbit Act. 4 GEO. V. No. 7, BOARDS. Provid~ d that no person shall have more than three votes in respect of all holdings in a District of which he is th . e resident owner or . manager. . Annual 13. (1.) An election of members shall be held before · 1 el 8 e 9 a 6 ti , o s n . s 1 . 2. the thirty-first day of July in every year on a day to be appointed by the l~ oard : First t-Icction: Provided that, for the purpose of the first annual election in a newly constituted District, the Governor in Council may order that candidates he nominated at a time and place to be appointed <by him, and may also appoint some fit person as returning officer. In such case the Minister shall forthwith notify in the Gazette and in some newspaper the day on or before which and the place at which candidates are so required to be nominated, and the name of the returning officer. Rules as to ·elections. Schedule I. 18116, s. 14. (2.) The rules, forms, and directions contained in the First Schedule to this Act shall, as to all matters to which they extend, regulate the proceedings in relation to all elections held under this Act. Appointment 14. When no members, or an insufficient number of c o e f r m ta ~ i m n b~ ca r s s es i . n members ., have been elected to. the Board of a District , the 1896, s. 15. Governor in Council may, by notification publiRhed in the Gazette, appoint a sufficient number ,of persons to be members in the place ofthe members who ought to have been elected. Time of constitution ·of Board. 1896, s. 16. 15. A Board shall be deemed to be duly constituted and may transact business immediately upon ejection or appointment, but a notification of an election or appoint- ment of members shall be published in the Gazette as soon as conveniently may be thereafter. Va.cation of -office • . 1896'; s. 17. 16. (1.) The office of a member shall be vacated- CL) If he is or has become disqualified, or has ceased to be qualified under this Act; (ii.) If he has been absent from two or more . consecutive ordinary meetings of the Iloard without leave obtained' from the Board in that behalf. . -Continuing to (2.) If any member of a Board who is disqualified or . wschteansmember W hose 0 ffi ce has become vacan t cont'Inues t 0 act as a -disqualified. member of the Board knowing that he is disqualified or 1896, s. 55. that his office has become vacant, he shall be liable to a penalty not exceeding fifty pounds.

RA.BEITS. ss. 17~ Jo. 5961 PART I1I.- 1913. Rabbit Ac!. RABBIT DISTRIOTS AND RABBIT t I lI . S 1 A 7 c . t. Tshheallr,ulaess tcoonatlalinmedattienrsthteo S W ec hI o . C ~ h d tShcehyeedxutleentdo, R coun BI de " O su A c f to RD ro S f . govern the proceedings and business of the Board, and : coh: g~ le IL shall be observed. 18. If in the opinIon of the Governor in Council the Removal of 'members or any member of a 'Board fail or fails to Board failing d I · SC h arge·t h e d ut . les . lmpose d upon t 1 lem or hI " m u d n er tdoutpye.rform . this Act, the Governor in Council may, by notification 1896, s. 20. published in the Gazette, remove such members or member, and may appoint others or another to fill the vacancies or vacancy so caused. 19. The Governor in Council may at any time, by Abolition of Order in Council published in the Gazette, abolish any Boards. Board, and the following provisions shall thereupon take effect;- . (i.) The' Minister shall have and may exercise all thc powers and authorities and d.;}ties vested in: or imposed upon such abolished Board under this Act for the District concerned; (ii.) The assets of such abolished Board, and the right of collection and recovery thereof, shall yest in the Minister,' and the liabilities of every such 130ard shall be imposed upon and discharged by the Minister: Provided that all such assets and liabilities shall be accounted for in a Rabbit Account to be opened for such District under this Act, and shall be credited and debited therein accordingly. PARTIV.- PART IV.-FuNDS OF BOARDS. FUNDS OF • BOARDS. 20. For the purpose of creating a fund for carrying Fund for out this .Act, the Board of each District may, in each year, .carrying out ma k e an d I evy an assessmen t no t excee d m · g five s 1 11 '11" mgs 1 t. 8 he 96A, . scst.. 22, . nor less than one shilling on every twenty head of cattle, 27. and not exceeding five shillings nor less than one shilling on every hundred sheep, depastured within the District. Such assessment shall be paid by each owner upon the number of stock so depastured by him within the District as appears by the latest statutory returns.:

·5962· PART IV.- FUNDS OF BOARDS. s.20•. RABBITS. Rabbit Act. 4 GEO. V. No. 7, Minimum aSlessment. Subdivision of holding after' statutory return made. Exemptions. Provided that- Ca) The assessment in respect of a holding held under lease or· license from the Crown shall in no case be upon a less number of stock than in the proportion of such number of cattle or sheep for every square mile of the holding as . the Governor in Council may fix frorp. time to time eiiher generally or with respect to any District or Districts, and which number may in his discretion be in the case of cattle ten or a less number, and in the case of sheep fifty or a less number; (b) Whenever in any year a holding is subdivided into two or more holdings, and the latest statu- tory return has been made prior to such subdivision, each such new holding shall, for the purposes of assessment, be deemed to have depasturing thereon such proportion of the total number of stock appearing in such statu- tory return as the area of the new holding bears to the total area of the original holding before subdivision; (c) No assessment shall be payable by an owner ofless than fifty head of cattle or two hundred and fifty sheep or a proportionate number of cattle and sheep; but this exemption shall not apply to any owner of a holding held under lease or license from the Crown: (d) No assessment shall be payable in respect of a holding which is exempted therefrom in p1,lrsuance of this or any other Act; No assessment shall be payable in respect of stock depastured upon a holding or upon a group of selection!'! not exceeding eight in number or two hundred square miles in total area which, to the satisfaction of the Board, are entirely enclosed with a rabbit-proof fence, and as to which for the year in question the Board are satisfied that the fence is maintained rabbit-proof, and also either that the holding or group of selections, as the case may be, are free from rabbits or that adequate measures for the destruction of rabbits thereon are being taken;

RABBITS. ss. 21, 22. 5963 PART IV.- 1913. Rabbit Act. :FUNDS OF . BOAIlDS. ------------------------------------------------ (f) No assessment shall be payable in respect of Exernpti<.ln of any holding which is situated outside. and to ~ : l~ ~ ~ ~ ~ ~ n the south or west of the rabhit-proof fence EOuth or west known as the , border fence of the State' • Pro- foefncbeo. rder vided always that if the owner thereof uses any part of such fence for the purpose of a boundary fence of such holding he shall be suhject to the same obligation and liability as is hereinafter provided -with respect to the use of such fence as a boundary fence; (g) If the moneys actually raised by assessment within any District and remaining unexpended at the end of any year appear to he sufficient for carrying out this Act in such District for another year, the Governor in Oouncil may direct that the owners in the District shall be exempt from the payment of assessment for such period as he thinks fit. 21. A Board may levy a second assessment during Second any year after an interval of not less than six months from assessment in the date 0 f I evy . mg tehprev' IOus assessmen t I: one year. 1896, s. 2\5; - Provided that the amount of a second assessment within anyone year shall not, together with the first, exceed the sum of five shillings for every twenty head of cattle and five shillings for every hundred sheep or a proportionate number of cattle and sheep. 22. (1.) An assessmtmt shall be deemed to have heen Notification duly made and levied on a notification thereof being 1o8f 9a6s, sessment. published in the Gazette and in at least one newspaper. BS. 23, 24. (2.) Every such assessment shall be payable at the Payment of office of the Board by the owner of the holding on which, assessment. as appears by the statutory return, li;he stock in respect of which the assessment is made are depastured, and shall be so paid within two months after the pUblication of such notification: Provided that, when stock depastured on a holding are not the property of the owner of the holding, the liability to pay assessment in respect of such stock shall also rest upon the owner of such stock. In every such case it shall be the duty of the owner of the holding forthwith upon the notification of the assessment to furnish to the clerk of the Board the name and address of the owner of such stock.

5964 SS. 23·26. RABBITS. PART IV.- - - - - - - - - - - - - - - - - : - - - - - - - - - - FUNDS O~ ' BOARDS. Rabbit Act. 4 GEO. V. No. 7, Enforcement 23. If an owner fails to pay the amount. of an assess- o18f9a6s,se s s . s2m6e. nt. ment., the . Board may enforce payment. of such amount,. together wIth one-tenth more by way of penalty, by com- plaint against the owner or manager in a summary way or by action in any court of competent jurisdiction; and in all cases, in addition to any other means of enforcing payment, such assessment and penalty may be levied by distress and sale of any stock found depasturing on any holding of such owner wherever situated. Endowment. 24. Any sum which may be appropriated in any year by way of endowment to Rabbit Boards shall be allocated and paid to the Boards of the several Districts by the Minister in such proportion as in his discretion will meet the circumst~ nces and necessities of the respective Boards. But the sum to he paid to any Board in any year shall not exceed a sum equal to twice the amount actually raised by assessment by that Board in that year. Loans to Boards. 1896, ss. 28, 32. 25. (1.) Subject to this Act, the Governor may from time to time, by warrant under his hand addressed to the rrreasurer, direct him to advance to any Board by way of loan, out of any moneys appropriated by Parliament for that purpose, sur,h sum or sums as the Governor in Council thinks fit for carrying out this Act: Provided that the total amount that may be advanced by way of loan to a Board, inclusive of any sums previously borJ'owed and not repaid, shall not exceed a sum equal to five times the amount actually raised. by assessments levied by such Board during the preceding year. Discharge of (2.) The Treasurer shall from time to time be allowed in ; : S; es: t~ ~ credit for any sum or sums advanced by him to any Board sums in punmance of this Act; and the receipt of the chairman advanced. or clerk of the Board under his hand shall be a sufficient discharge to the Treasurer in respect of eVtJry such sum. Repayment of 26. All moneys borrowed under this Act, together l1o8a9n6s,. ~ . 29. W • Ith interest thereon at four pounds per centum per annum,. shall he repaid to the Treasurer in half-yearly instalments consisting of a !'um equal to six pounds three shillings and four pence for everyone hundred pounds of the sum advanced; and !'uch instalments shall be paid half-yearly until the sum advanced, with interest thereon as aforesaid,. . has been wholly repaid: Provided that the Treasurer may permit a Board to payoff the whole or any portion of any moneys at any

Rabbit Act. ss. 27-30. 5965 PART IV.- FUNDS OF BOARDS. time before the same become due; and in such oase the Board shall be· entitled to a proportionate rebate of interest, to be adjusted by the Treasurer. . 27. I)uring the currency of a loan to 'a Board all Applicationof moneys derived from as , ses , sments levied b • y the Board in i ? n ,ssIe' esps' mt: vemntesnt each year shall be first applied for the purpose of paying ofloan~ . the instalments payable 10 the Treasurer during that year, 1896, s. 30. and the surplus only of such moneys shall be applicable for the other purposes prescribed by this Act. 28. If at any t.ime the payments due by a Board to Treasur~ r' s the Treasurer are in arrear, the Treasurer ID3Y forthwith ~ ~ ~ : ; : ~ ~ . cas. take possession of any moneys and otiH'r property vested in 1896, s. 31. the Board, and may mnke and levy assessments under this Act, and tor that purpose shall have and may exercise all the powers of tbe Board. 29. All moneys received by a Board under this Act Disposal of shall be paid into a fund called "The Rabbit Fund of: ~ ~ i' 7e~ by the Dilltrict," and, subject to the provisions of this Act Board. with reference to the repayment of loans, shall be applied 1896, s. 33. for all or any of the purpo:-es following, and not otherwise, that is to say,- (i.) Defraying the necessary expenses of the ad- ministration of this Act ·within the District, including the rt'asonahle travt'lIing expenses of the membprs of the Board and theie officers nnd servant~ ; (ii.) Defmying the cost of the erection, completion, jmprovement, or maintenanc~ of rahbit-proof f( > ne~ ~ , whether upon Cl'own lands or the lands of private persons; (iii.) Defraying the cost of the destruction of rabbits witbin tbe District; (iv.) With the consent of the Governor in Council, defraying' or contributing towards the cost of any measures taken outside of Quepnslar;d wl~ i( ' h may be conducive to the prevention of the iDcUl sion of rabbits into Queensland. PARTV.- - PAHT V.-POWERS OF BOARDS. POWERS OF BOARDS. dI . rec 3 t 0 th . a ( t 1. a ) AfenBceoasrhdalm l ay hefreormectteidme f rtoomtimonee, bs ' ype . oOll'd fi eer d , o P o f r o d w f e e e r n r e c r t e e o . ctIO . D place to another specified place within the District along1~ 96, 88.34, a specified route. 3i). K

5966 PARTV. ~ POWERI'! OF BOARDS. s. 31. HA BBITt-). Rabbit Act. 4 GEO. V. No. 7, Power of Board to fence. (2.) When such an order is made, the owner of every holding along the boundaries of which or within which such fence is to be erected shall forthwith upon receiving notice of the order erect along so much of the specified route as is on the boundaries of or is within his own holding a good and substantial fence of such construction as may be prescribed, and capable of supporting wire netting stretched upon it, and shall thereafter maintain such fence in good order: Provided that a Board shall not make any order under this section for the erection of any fence within any holding, except after notice has been given to the owner and after the approval of the Minister has been obtained. Every such owner shall be entitled to receive from the Board so much of the cost of erecting and maintaining such fence as is paid by him in excess of the amount which he is liable to contribute to such cost. The amount which allY other owner of a holding is liable to contribute to such cost shall be recoverable by the Board from such other owner, and payment thereof may be enforced in the same manner in which an assessment may be recovered and payment thereof enforced. (3.) If an owner does not forthwith erect such a fence, or, after it is erected, fails to maintain it in good order, the Board may erect or maintain the fence, and the cost of such erection and maintenance shall be recoverable by the Board from the persons liable to contribute to such cost, and payment thereof may be enforced by the Board in the same manner as an assessment may be recovered and payment thereof enforced. Contribution 31. (1.) Owners of holdings. shall be liable to contri- bfreonmefiotewdn. ers bute to the cost of the erection and maintenance of every 1896, B. 36. such fence in manner following, that is to say,- (i.) The owner of a holding within which such fence or any part thereof is erected shall be liable to contribute one-fourth of the cost of the erection and maintenance of such fence or part thereof; (ii.) The owners of the holdings on either side of such fence upon the boundaries whereof such fence or any part thereof is erected shall each of them be liable to contribute one-fourth of the cost of the erection and maintenance of such fence or part thereof;

1913. RABBITS. Rabbit Act. s.32. 5967 PART V.- POWERS OF BOARDS. (iii.) The remainder of the cost of the erection and maintenance of such fence shall be borne by the owners of the holdings within the District which, in the opinion of the Board, are thereby protected from the incursion of rabbits (includ- ing amongst such owners, if the Board thinks just, any owner liable to contribute under paragraphs (i.) and (ii.) hereof). And the total amount contributable under this subsection .shall be borne by the owners liable to contribut~ thereto (and as to any owner also liable to contribute under para- graphs (i.) and (ii.) hereof in addition to the amount con- tributable thereunder) in proportion to such part of their respective holdings as in the opinion of the Board is protected as aforesaid; 'and the· amounts of their respective contributions shall be apportioned by the Board. (2.) If any owner of a holding is dissatisfied with the determination of the Board under paragraph (iii.) of the last preceding subsection as to the protection afforded by such fence to such holding or any part thereof, he may within thirty days after notice of the Board's determina- tion appeal therefrom to the Land Court, ·which shall hear and consider the matter, and confirm, vary, or reverse such determination. But the Land' Court shall not vary or reverse any such determination until after notice to the Board, and hearing the reasons alleged by the Board in support of their determination. For the purposes of any such appeal the Land Court shall have and may exercise the same powers as are in like case conferred upon such Court by and pursuant to " The Land Act of1910."* The decision of the Land Court shall not be subject to appeal. (3.) "Thp Fencing Act of lS61"t shall not apply to fences erected by order of the Board under the last preceding section of this Act. 32. (1.) The Board may cause to be affixed and kept Power to affix affixed to any fence within the • District, whether it was & w c ir ., etnoetting, erected by the Board or not, WIre netting for the purpose fences. of preventing the incursion or migration of rabbits. ~ ~ ~ 6, ss. 38, * 1 Geo. V. No, 15, 6upra, page 1347. t 25 Vie. No. 12, supra, page 753.

5968 PARTV.- .POWERS Ol!' BOARDS. ss. 33-35. RABBITS. Rabbit Act. 4 GEO. V. No. 7, ~ overnment (2.) The Governor in Council may authorise the o B f id w ID irerespect" ! l\l, { 'J. • ll•llS t er, out 0 f any moneys approprI.at edby P arlI' ament netting, &c. by way of endowment under this Act, to provide wire netting to be affixed by a Board to a fence, and to defray the cost of such netting delivered at the nearest railway station, but the amount expended in defraying such cost in any District in any year shall not exceed the amount actually raised by assessments under this Act within the· District during that year. Control of 33. The Governor in Council may place under the f B e o nc a e rd s. over control of a B0ard any fence heretofore or hereafter erected 1896,8.40. at the public expense. Joiningfencl's 34. (1.) Except by the permission of the Board. it ~ : : fbl!~ ~ e3. shall not be lawful to join any fence on to any rabbit-proof fence which has been or may hereatter be erected by a Board. In every case where such permission is applied for, it shall only be gl'l1nted upon condition that the applicant shall erect and maintain in his fence such and so many gates fer the use of inspectors and other officers as the Boal'd require; and every such condition shall be observed so long as such fence remains joined on to such rabhit-proof fence. . (2.) Except by the permission of the Board, it shall not be lawful to place or fix, or cause or y>ermit to be placed or fixed, on or against any rabbit-proof fence any thing of what kind soever which mayor may be likely to enable rabbits to cross through or over such fence. (:-l.) If any owner of' a holding- joins any fence on to any rabbit-proof fence which has been or may hereafter be ereeted hy any pl'rson other than the Board, he shall erect in his fence so joined to the rabbit-proof fence suitable gates, so as to permit of free passagp. along the course of the rabbit-proof fence; and every such gate shall he maintained so long as such fence remaius jomed on to the rabbit-proof' fence. (4.) Any person who by any act or omission contra- venes this section shall be liable to a penalty not exceeding one hundred pounds and not less than ten pounds. Use of b'rder 35. When an owner of a holding' use~ , for the pur- feerneccett'odr b f y ence pose 0 f' enc 1 l)S · lng l u ' s I 10 Id l ' n~ W . lt. L l a r ' a 1 ) b" It-proo t· f ence, Board. . any rabbit-proof fence on the boundary of his holding

1913. RAHBITS. Rabbit Act. ss. 36-39. 5969 PARTV.- POWERS Ol!' BOARDS. which has been erected at the expense of the Board or the Crown, or which has beencompleted by the affixing thereto of wire netting supplied at the expt·nse of the Crown, he shall be liable to maintain such fence in a rabbit-proof condition, and shall also be liable to pay to the Crown interest upon the cost of the wire netting on ~uch fence, at the rate of four pounds per centUI11 per annum, so long as he has the benefit of such fence. 36. '1'he Board, or the chairman thereof, may General authorise any person to enter upon any land, wheth~ r in r~ ;; , r: : 45. the occupation of any person or not, and to do any of the following things thereon, that is to say,- (i.) Erect, alter, or repair a fence; (ii.) Improve an existing fence, or affix wire netting ·to an existing fenee ; (iii.) Search for and destroy rabbits. Any person so authorised may enter upon the land with or without assistants, and may do any of such things as aforesaid, and may take such means as appear to bim expedient for the destruction of rabbits upon the land. PART VI.- E"COURAGE' blENT OF PART VI.-ENCOURAGE:aIENT OF RABBIT-PIWOF FENCING RABBIT·PROOl!' ] r~ NCING BY BY OWNERS. OWNERS. 37. When any owner of a holding within a District Appli.cation is desirous of enclosing such holding with wire netting ~ ~ ~ t7~ ~ \ y to be affixed to a fence erected upon the boundaries of owner. such holding, or of affixing wire netting to subdivisional 1896, s. 46. fences upon such holding, he may make an application to the Minister to have such wire netting provided under the provisions hereinafter contained. The application shall be made in such manner and form and shall state such particulars as may, from time to timA, be prescribed. 38. Upon receipt of any such application, the Mini.ster may M - I · 111 . S t er may, ou t 0 f any moneys appropl'l . ac + e d b y P ar l I ' a- wpriorveIndeettsiuncgh. ment for that purpose, provide such wire netting, and 1896, s. 47. defray the cost thereof delivered at the rail way station nearest to the holding. 39. Before any wire netting is l)rovided by the Execution of Minister in pursu3,nce of any such application- ~ ~ ~ ~ ~ : ' . 48. (i.) 'rhe :Minister shall cause notice to be given to the owner of the amount which he will be required to repay to the Minister under this Act; and It

5970 ss. 40, 41. RABBITS. PART VI.- - - - - - - - - - - - ' - - - - - - - - - - - - - - ENCOURAGE, MENT OF Rabbit Act. 4 GEO. V. No. 7, RABBIT-PROOF - - - - - - - - - - - - - - - - - - - - - - - - - FENCING BY OWNERS. (ii.) The owner shall (and, notwithstanding any- thing in any other Act to the contrary, is hereby empowered to) execute in favour of the Minister such charge on his estate or interest in the holding as is hereinafter provided. Minist~ r may 40. Instead of providing wire netting to the owner aouwthnOerrsisteo 0 f a h 0 Id' 111 g I,n pursuance 0 f such appII' catl.On, the M l ' ill . S t er obtain wire may authorise such owner to obtain such wire netting on ~ ~ t~ ~ ~ : 49. his own account to an amount to be fixed by the Minister, and may repay the cost thereof to such owner out of any moneys appropriated by Parliament for the purpose of supplying wire netting to owners of holdings: Provided that the wire netting so to be obtained by such owner shall be of such nature and quality as the Minister requires: - Provided further that before any amount is paid by the Minister the owner shall (and, notwithstanding any- thing in any otllf~ r Act to the contrary, h hereby empowered to) execute such charge upon his estate or interest in the holding as is hereinafter provided. . . Nature of c 1 h 8 a 9 r 6 g ,1 e. 1.50. 41. (1.) Every charge executed under this Act shall secure the repayment to the Minister, on behalf of His Majesty, of the cost of the wire netting, together with interest on the total amount secured at the rate of four pounds per centum per annum, in ten, fifteen, twenty, or twenty-five equal annual instalments, according to the period of the loan agreed on; and the annual payments to the Minister for everyone hundred pounds 'of the amount required to be repaid with interest within the respective periods shall be according to the following scale :- Term, Annual Payment per Centum. Registration of charge. [Schedule Ill.] 10 years ... I £12 6 7 15 " .., i 8 19 11 20 " ... I 772 25 " ... I 680 I ._-_ _-_. __ - - ~ - - - - - - . - ~ - - . . .. - - - - - ~ (2.) Every such charge shall be in duplicate and in the form prescribed in the Third Schedule to this Act, or as near thereto as the circumstances of the case will permit. 'rhe original of such charge shall be registered in the case of a holding held under lease or license from the Crown

RABBI'rs. s.42. 5971 PART VI.- 1913. Rabbit Act. E~ COURAGE· MENT OF - - - - - - - - - - - - - - - - - - - - -_ _ _ RABBIT· PROOF I . II tl le D epartment 0 f P ubl l ' C Lands, and' III the case of al1 FEONWCNINEGRS B . Y other holdings in the proper office of the Registrar of Titles. The production of such charge, certified by the Minister or any person authorised by him, shall be sufficient authority for the registration thereof. No stamp duty or fees shall be payable upon the execution, registration, or cancellation of any such charge, any Act to the contrary notwithstanding. 42. Upon the registration of such charge, the follow- Effect of ing consequenc . es shall ensue :_ re!;istration of charge. (1.) The annual instalment thereby secured shall 1806, s. 5l. become a debt due to the Crown from the owner by whom such charge is executed and his successors in title, and shall be a first charge upon his estate or interest in the holding in priority to every other then existing or future charge or encumbrance whatsoever affecting such estate or interest. (2.) The annual instalment thereby secured shall be payable on the same day in every year; the first of such payments to be made at the expiration of one year from the date of the execution of the charge. (3.) If default is made in respect of any such annual instalment, the amount thereof, together with interest thereon at the rate of ten pounds per centum per annum calculated at simple interest, shall be recoverable and payment thereof may he enforced by the Minister or any person authorised by him in the same manner in which an assessment may be recovered and payment thereof enforced. (4.) The owner of the holding may at any time pay to the Minister on behalf of His Majesty the capital amount in respect of which the annual instalment is so payable, together with all interest for the time being due and owing to the lVl inister. Upon payment of all moneys securc:d by the charge, the Minister shall give to the owner a certificate stating that the charge is redeemed. Upon the production of any such certificate, an entry shall be made in the proper register book, noting that the charge is redeemed, and lJle charge shall be cancelled; and thereupon the estate 0" interest theretofore subject to the charge shall crase to be subject to the same.

5972 ss. 43, 44. R-\BBITS. PABT.VI.- - - - - - - - - - - - - - - - - - - . - - - - - - - ENCOURAGE- KENT OF Rabbit Act. 4 GEO. V. No. 7, RABBIT-PIIOOF - - - - - - - - - - - - - - - - - - - - - - - - FEONWCNINEGRSB. Y 43 • If I 't appears to t I le Y ~ " mIster t I !at t 1 le owner Mfa~ tenance for the time being bound to make annual payments in .0 wIre • ,netting in respect of a charge created under thIs Act has neglected to . rehP~ t ~f maintain the wire netting in rrspect of which the charge : : xe~ ut~ d~ rge was executed, or any part thereof, the Minister may cause ...18.96) s. 54. notice to be given to such owner to execute the works necessary to maintain the same. If such works are not executed forthwith to the satisfaction of the Minister- (a) The owner shaH be liable to a penalty of not exceeding one hundred pounds and not less than ten pounds; and, whether the ownet' has been convicted or not, the Minister may, if he thinks fit- . (b) Cause such works to be executed by a person appointed by him, and the costs, charges, and expenses thereof shall be repaid by such owner to the Minister, and in default of such repay- ment the amount of such costs, charges, and expenses with inter~ st thereon at the rate of ten pounds per centum per annum may be recovered by the same means and in the like manner as if the same had been payable as part of the annual instalment secured by such chru·ge. AB to existing 44. The following provisions apply to every existing charges. charge upon a holding executed under the Acts hereby repealed :- (i.) The owner may, at any time before the thil'ty- first day of December, one thousand nine hundred and seventeen, give notice in writing to the Minister that he elects to take advantage of this Act; (ii.) Thereupon the existing charge upon the hold. ing shall be cancelled, and the owner shall become liable to repay to the Minister the amount of the cost of the wire netting origin- ally supplied to him for his holding, and the owner :,;hall forthwith execute a charge under this Act on his estate or interest in the holding to secure such repayment with interest at the rate of four poundSePer centum per annum in twenty equal annual instalments; and such charge shall have the same incidence and legal

RABBITS. s.45. 5973. PART VI, ~ 1913. Rabbit Act. ENOOURAGE- MENT OF - - - - - - - - - - - - - - - - - - - - - ' - - - - - - RABBIT PROOl" FENOING BY effect, and shall be enforceable, as if it had been OWNERS. executed in respect of wire netting supplied for the holding after the commencement of this Act: Provided that the annual payments to the Minister for everyone hundred pounds of the amount required to he repaid with interest shall vary according to the number of years during which interest on the original cost has been paid under the Acts hereby repealed, and shall be according to the following scale :- I I' Years durinl: w,bleb Interest on Original,c0st bas been pa!d under Annnal Payment per Centum or "T"., Babb,t Boards Acl. 1896...··prlor to lJate of NotIce of Original Cost ElectIOn. I 1 2 3 4 5 6 7 8 9 ... 10 11 12 13 14 15 16 17 18 10 20 £ s. d. 7 I) 9 '1 4 2 727 7 011 6 19 3 6 17 5 6 15 7 6 la 8 611 8 6 9 6 6 '1 4 65 1 6 2 9 6 03 5 17 9 5 15 1 5 12 4 5 9 6 5 6 6 53 5 45. Whenever any sum of money is charged upon Apportion- any holding under this Act, and any portion of such :~~!;: holding is detached from the residue thereof by subdivision charged on or 0 the. rWI,Se, the YI' nl,Ster may apportI' on such sum so as l o a f nsdusbdiinvicsaisoen. to make a proportional pa~ t thereof chargeable upon the portion of the holding so detached to the exoneration of the residue of the holding from such proportional part, and all persons concerned shall and are hereby required to execute and register the necessary documents to give effect to such apportionment, ,. 60 Vie. No, 34, supra, page 2831.

5974 ss. 46-50. RABBITS. PART VI.- - - - - - - - - - - - - - - - - - - - - - - - - ENCOURAGE- MENT OF Rabbit Act. 4 GEO. V. No. 7, RABBIT-PROOF - - - - - - - - - - - - - - - - - - - - - - - - FI!NCING BY OWNERS. 46. Any person who uses any wire netting, in respect Mwiirseunseetotfing of which a charge has been created under this Act., for provided any purpose other than that for which it was provided or Gbyovtheernment. authorised to be obtained shall be liable to a penalty not 1896, s. 59. excefding five hundred pounds, or to be imprisoned for any period not exceeding six months. What cost of 47. For the purposes of this Part of this Act, the iwnicrleudneest. ting expression "cost of wire netting" includes the expenses of delivery. of the wire netting at the railway station nearest to the holding concerned, together with all other incidental costs, charges, and expenses. PARTVII.- P~ : : r! ~ ~ ;s. PART VII.-GENEltAL PROVISIONS. Provision in 48. When under any Act compensation becomes : :p~ ~ sation payable in respect of any. fence erected or wire netting becoming affixed to a fence under thIS Act or under any Act hereby f~ ~ b~ ~ · 37. repealed as for an improvement upon the land, such , compensation shall be payable to and divisible amongst the several persons, including His Majesty, by whom the cost of the erection of the fence was borne, or their repre- sentatives or successors in title, in proportion to the amounts of their respective contributions to such cost. Provision in 49. Where under any Act compensation would become ::;:nsation payable to the owner of a holding for wire netting affixed becoming to a fence in respect of which a charge has been created ~ ~ ~ ~l: ny under this Act as for an improvement, no compensa- other Act. tion shall be payable to such owner unless such charge 1896, s. 52. has been previously redeemed in manner hereinbefore provided. But the amount paid in respect of such compensation shall be applied in or towards repayment to the Minister of any moneys due or to become due to the Minister in respect of such charge, and in ·the case of the repayment thereout of any moneys not actually due and payable to the Minister the owner shall be entitled to a proportional rebate of interest to be adjusted by the ~ ~ inister. Destruction 50. (1.) Any person who in a District, without the 1o8ff9e6n, csess. , 5&6, c. sanction of the Board " cuts b " reaks inJ'ures or destroys 57. any fence to which wire netting is affixed, or any wire netting affixed to a fence, shall be liable to a penalty not exceeding two hundred pounds and not less than twenty pounds.

RABBITS. ss. 51-55. 5975 - - - - - - - - - - - - - - - - - - - - - - - - - PART VII.- 1913. Rabbit Act. GE)i(E&AL PROVISIONS. (2.) Any person who in a District wilfully or negli- Leaving open gently leaves open a gate in a rabbit-proof fence, or causes gates, &0. any stock to be confined, encamped, or shut in against any such fence so as necessarily to be or remain in close proximity thereto, or removes, opens, or in any way tampers with any flood-gate or other barrier, shall be liable to a penalty not exceeding two hundred pounds. 51. Any person who, without the license of the Sale, &0., of Minister, offers or pays or causes to be offered or pa~ d any ~ ~~ ~ ~t: : 58. bonus or scalp money as a reward for the destructIon of any rabbit, or who sells or purchases or causes to be sold or purchased, or keeps, exposes, offers, or exports for sale, or causes to be. kept, exposed, offered, or exported for sale, any rabbit or rabbit's skin, shall be liable to a penalty not exceeding fifty pounds. 52. Any person who obstructs, or resists, or hinders Obstruction any autl10rl.se d person I . n the prosecu t' IOn 0 f 1 lI . S WOI' k or I.n poefrasuotnhso. rised' the execution of any power vested in him in pursuance of 1896, s. 60. this Act shall be liable to a penalty not exceeding fifty pounds and. not less than ten pounds. 53. (1.) All penalties incurred for any breach of this Recov~ ry of Act may be recovered by complaint in a summary way. i~ ~ ~ ~ t~ ~ ~ l. (2.) Where any person is summarily convicted of any offence against this Act, the Court shall not have power to reduce the penalty to be imposed in respect of such offence below the minimum amount fixed by this Act, any- thing in section one hundred and seventy-three of" The Justices .Act of 1886 "if to the contrary notwithstanding. 54. In any proceedings to recover the amount of Proof of any costs, charges, or expenses recoverable under this Act, : : ~ : ~ t~ ; ge8 a certificate purporting to be signed by the Chairman of or e~ pense8. r the Board or the Minister, as the case may be, shall be 1896, s. 62. pl'ima facie evidence that such costs, charges, and expenses were actually and lawfully incurred, and the onus of disproving the amount shall be upon the defendant. 55. The description of any holding inserted in any Desc.riptionof notice under this Act need not define the land referred to, f: ~ ~~ i~e~ c. , but shall be sufficient if it makes such reference to the 1896, s. 63. land, either by name or boundaries or otherwise, as to allow of no reasonable doubt as to wlHtt land is referred to. '*' 50 Vie. No. 17, supra, page 1132.

-i>976 ss. 56-59. RABBITS. PAR'!.' VII.- - - - - - - - - - - - - - - - - - - - - - - - - - GENERAL PROVISIONS. Rabbit Act. 4 GEO. V. No. 7, Evidence of published Itatutory return. 56. A statutory return, published under the authority of " The Stock Returns Act of lS93,"* or any Act amend- ing or in substitution for that Act, shall, for the purposes of this Act, be prima facie evidence of the truth of the particulars contained therein. ,Service. 1896, s. 64. 57. In any case \vhere any document or writing is required to be served upon any person, the same may be served either by delivering the same to him personally or to his agent, or by leaving the same at his usual or last known place of abode, or by posting the same in a regis- tered letter addressed to him at his usual or last known place of abode. Indemnity.to 58. No person shall be deemed a trespasser or be f: r: ~ ~ : u~ f~ ~ ng liable for any damag-e occasioned by him by reason of the of powers execution of any of the powers vested in him in pursuance tchoinsfeArcrte. d by 0 f tl1' 1S Ac t , un1 eSB such damage I.S occaSl.Oned 0 tllerWI. se 1896, s. 65. than in the reasonable exercise of such powers. The adoption and use of such methods as are ordinarily . adopted and used for the purpose of destroying rabbits shall be deemed to be a reasonable exercise of the powers conferred by this Act with reference to the destruction of rabbits, if the person adopting or using such methods exercises ordinary skill and care therein. But before any poison is laid upon any holding hy any such person he shall give to the owner of such holding at least seven days' notice, in writing, stating when and where such poison is to be laid. Regulations. 59. 'rhe Governor in Council may from time to time 1896,8.66. make regulations for carrying this Act into effect. All such regulations, upon being published in the Gazette, shall have the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. All such reguJations shall be laid before both Houses of Parliament within forty days after the publication thereof if Parliament is then sitting, or if not then within forty days after the commencement of the next session thereof. * 57 Vie. No. 10, supra, page 3277.

1913. RABBITS. Rabbit Act. Sch. I. rr. 1-5. 5977 FIRST SCHEDULE. FIRST SCHEDULE. [See 8.13(2).1 RULES FOR ELECTIONS. 1. At the first election in a newly-constituted District the whole Number of number of members assigned to the Board shall be elected. members elected at first. election. 2. As soon as conveniently may be after the appointment of a Roll at first returning officer for a newly constituted District, the Registrar-General election. shall furnish such returning officer with a list in alphabetical order, sho wing— (a) The name of every resident owner or manager of every holding within the District ; (b) The name or description of every such holding; (a) The number of stock returned for every such holding according to the latest statutory returns; and (d) The number of votes to which every s'iich owner or manager is entitled at the first election. Such list shall be certified by the Registrar-General by writing under his hand to be correct, and, when so certified, shall be the roll of electors to be used at such election, and shall be conclusive evidence of the right of all persons to vote thereat. 3. (1.) At the second and every subsequent annual election one-third Retirement of part of the members, or, if their number is not a multiple of three, then members and tthhee mnuemmbbeerrsnewahreosrtettoiroenseh-athlliradlv, ssahyasllbreettihree fmroemmbcefrfsicwehboyhraovteatbioene, natnhde evlaeccatniocniesst.o longest time in office. (2 ) If by reason of two or more members having become members at the same time it is not apparent which of such lastmentionecl members ought at any one time to retire from office, then such members as to whom it is not so apparent shall retire from office in the order of the number of votes obtained by each at his election, commencing with the smallest number and proceeding upwards. And in all such cases if the votes oven for any members of whom a number less than the whole are to retire from .office at any one time have been equal, or if such members have been eiected without a poll, the Governor in Council shall tor such occasion determine in what order and which of such members shall retire from office. , (3.) At the annual election at which any members retire in manner aforesaid, the offices vacated shall be filled up by the election of a like number of members. 4. Every member who goes out of office or resigns his office shall, if Retiring otherwise qualified, be eligible for re-election or reappointment. member eligible for re-election. 5. (1.) Whenever an extraordinary vacancy arises from any cause Extra- whatsoever other than removal, a person shall be elected to fill such ordinary vacancy, but if no person is elected the Governor in Coubcil may appoint vacanci ". some duly qualified person to fill such vacancy; such c lection shall be held at such time as the Board deterthine,-and shall be conducted in the manner prescribed with respect to annual elections: Provided that if an extraordinary vacancy occurs within three months before an annual election, and the vacatinc, member would, if his office had not become vacant, have retired from office at such annual election, or was one of several persons who might have retired from office by

5978 FIRST SCREllllLE. Sch. I. rr. 6-10. RABBITS. Rabbit Act. 4 GEO. V. No. 7, rotation at such election, !'Illch extraordinary vacancy shall not be filled up untll such allnual election, and the, acating member shall be taken to be one of the membe.rs retiring at ~ uch annual election, (2.) Any member elected or appointed to fill an extrawdinary vacancy otherwise than at an annual election shall retain office so long only as the vacating member would have retained the same if no such vacancy had occurred. Returning officer. 6. At every election after the first election, the chairman ex ~ lficio, or some other person appointed by the Board, or, if there is no chairman or no person is appointed by the Board, then such person as the Governor in Council appoints, shall be the returning officer. Clerk to prepare annual roll. 7. (1.) For the purposes of every election after the first election, the clerk shall, in every year, as soon as practicable after the thirty-first day of March next preceding the election of members. prepare an alphabetical list containing the name and particulars of the place of abode of every person who is entitled to vote at elections of members, and, in such list, shall set opposite the name of every person the number of votes to which he is entitled. List to form the roll. Such list shall be certified by the clerk by writing under his hand to be correct, and, when so certified, shall be conclusive evidence of the right of every person named therein to vote. (2.) The said list, when so certified, shall be delivered by the clerk to the returning- officer, and shall be the roll of electors to be used at every election, and such roll shall continue in force until a new roll is made. Elections 8. On or before the fifteenth day of May in every year after the subsequent year of the first election, the returning officer shall give public notice of to the first. the annual election by advertisement in some newspaper. Such notice shall specify a day not less than twenty-one nor more than sixty days after the publication of such notice as the day of nomination, and shall require the candidates at such election to be nominated at some place named in such notice in manner hereinafter mentioned. On the occurrence of any extraordinary vacancy, to fill which an election is required to be held, a like notice shall be given within thirty days after the occurrence of the vacancy. Place of nomination. 9. The place appointed for the nomination of candidates for election, and for the declaration of the result of the election, shall, whenever practicable, be at the office for the time being of the Board, whether such office is within the District or not. Nomination. 10. (1.) In order that a person. may become a candidate at an election, he shall be nominated by not less than three persons entitled to vote at such election in manner following, that is to say,-Before four o'clock in the afternoon of the day next preceding the day of nomination there shall be delivered to the returning officer, at the place appointed, a nomination- paper, signed by the persons nominating him. (2.) Every nomination-paper shall be in the following form or to the like effect, that is to say,- Nomination-paper. The day of We, the undersigned, electors of the Rabbit District of , hereby nominate [stating christian name and surname] of as a candidate for the office of member of the Board of the said District [in the case of an extraordinary vacancy add in th place of A.B. deceased or as the case may be]. [Here are to foUow the signatures.]

1913. RABBITS. Rabbit Act. Sch. I. rr. 11-16. 5979 FIRST SCHEDULE. 1l. 'fhe returning officer shall, at all times between the hours of Posting of nine o'clock in the forenoon and four o'clock in the afternoon upon each names of day between the giving of a public notice of an election and the day of candidates. nomination named therein, keep posted outside the place appointed for the delivery of nomination-papers the lIames of all persons who have already become candidates at such election. 12. Every person who- (1) Procures himself to be nominated as a candidate for the office Penalties in of a member of the Board, knowing himself to be under this connection Act incapable of being or continuing such member; or wnoitmhinations (2) Knowingly signs a nomination-paper nominating or pur- of candidates. porting to nominate as a candidate for such office a person incapable of being or continuing such member; or (:1) Knowing that he is not qualified to vote at an election of members signs a nomination-paper nominating any person as a candidate at such election; -shall be liable to a penalty not exceeding fifty pounds. 13. If at the expiration of the time limited for the nomination of Result where candidates the number of persons who are duly nominated does not only number exceed the number or members to be elected, the returning officer shall, to be elected at noon on the day of nomination, at the place aforesaid, publicly declare are. such candidate or candidates to be duly elected, and he or they shall be nominated. elected accordingly. 14. If at the expiration of the time limited for the nomination of Notification candidates the number of candidates exceeds the number of members to of candidates. be elected, the returning officer shall, at noon on the day of nomination, at the place aforesaid, publicly announce the names of the cUlldidates, and also a day not being less than twenty nor more than sixty days from the day of nomination on which the poll shall close as hereinafter provided, and al~ o the place at which the votes will be examined and the result of the election ascertained. The returning officer shall also forthwith give public notice by advertisement in some newspaper, stating the nallles of the candidates and the day on which the poll will close, and naming also the place at which the votes will be examined. 15. If the returning officer is prevented from attending to any of Substitute for his duties by illness or other sufficient cause, he may, or in case of hill returning refusal or inability the clerk shall, by writing under his hand, appoint a officer. substitute to act for him; and such substitute shall thereupon for the time being have, perform, and be subject to all the powers, authorities, duties, and liabilities of the principal. 16. If a poll is required to be taken, tne returning officer shall forth- Voting- with after the day of nomination transmit by post to every person entitled papers. to vote at the election a voting-paper; or, if a voter appears by the roll of electors to be entitled to give more votes than one, then so lliany voting- papers as are equal to the number of votes which such voter is entitled to give. The envelopes containing the voting-papers so posted by the returning officer shall be endorsed with the words " Rabbit Board Voting-paper, District of " Every voting-paper shall contain the names in full in alphabetical order of all the candidates for election, and shall be initialled by the

5980 FIRST SCHEDULE. Sch. I. rr. 17-19. NAB BITS. Rabbit Act. 4 Go. V. No. 7, returning officer, and shall be in the following form, or to the lik& effect, that is to say,— Voting-paper. [This voting-paper, having been completed and signed before some other person entitled to vote at the same tdection, or justice of the peace, or the returning officer, must be placed in a closed envelope addressed to the returning officer and endorsed "Rabbit Board Voting-paper, District of ," and be transmitted to the place of nomination through the post.] A.B. [Initials of Returning Officer]. Rabbit District of I [christian name and surname in full], of , am an elector of this Rabbit District, and am entitled to vote at the el ction of [insert number of members to be elected] cmloemsebseorn [o th r e members] of the Boadrday, wofhich is to take place at [state place of nomination. ' and Witness: Elector. Elector (J.P. or Returning Officer) NAMES OF CANDIDATES. (Strike out the names of the candidates for whom you do not wish to vote.) DOE, JOHN JONES, JAMES ROE, RICHARD THOMPSON, HENRY, &o. Envelope. 17. Every voting-paper so transmitted to a voter shall be accom- panied by an unsealed envelope addressed to the returning officer at the Vploatcinego-pfanpoemr, Diniasttriiocnt , oaf nd endorsed w. 1i7th the words "Rabbit Board Printirig 18. In printing voting-papers, regard shall be had to the following voting-papers, rules, that is to say,— The name of every candidate shall be printed in plain capital letters of not smaller than pica type; The name of one candidate only shall be printed in one line; On each side of every such line there shall be a blank space of not less than one quarter of an inch ; Reasonable space shall be left for the signature of the voter and of the witness to the voter's declaration ; If two candidates have the same surname and christian name, the residence and occupation of each such candidate shall be added to his name. Filling up of 19. Before posting the voting-papers, the returning officer shall papers. cause the form of the declaration on each voting-paper to be filled in ith— (1) The name of the District; (2) The christian name and surname in full, when known, of the person entitled to vote; (3) The place of residence or place of business of the person entitled to vote; (4) The place of nomination; (5) The number of members to be elected; and (6) The date on which the poll will close.

1913. RABBITS. Rabbit Act. Sch. I. rr. 20-26. 5981 FIRST SOHEDULB, 20. 1£ a candidate desires to retire from his candidature, he may, Retirement before the voting-papers are posted, sign and deliver to the returning . , officer or to the clerk a notice in the following form or to the like effect :- I, A.B., hereby retire from being a candidate at the election of members to be beld on the day of , for the Rabbit Board of the District of Dated this Witness, C.D. day of (Signed) A.B. The returning officer, 9n the receipt of such notice, shall make known as publicly as possible, by advertisement or othf'rwise, the fact of the candidate's retiremf'nt, and, if the number of candidates is, by his retirement, reduced to the number of persons to be elected at the plectioll, shall, as soon as conveniently may be, declare the remaining candidate or candiciates to be duly electl'd, and if the num bel' is not so reduced shall omit or erase the name of the candidate so retiring from the voting-papers. 21. After posting the voting-papers, the returning officer shall Ballot-box. provide a locked ballot-box with a cleft or opening therein capable of receiving the voting-papers, and he shall forthwith place such ballot-box in charge of the postmaster at the place of nomination, but shall himself retain the key thereof. The postmaster shall be responsible for the safe custody Qf such ballot-box until it is demanded from him by the returning officer at the close of the election, and if requirerl so to do shall give to the returning officer a written receipt for the same. 22. The voter shall strike out from the voting-paper the name of Retorn of every candidate for whom he does not wish to vote, and shall then sign voting-paper. such paper in the presence of ~ome other person qualified to vote at the same election, or a justice of the peace, or 'the returning officer. . He shall then plac.e the voting~paper in a closed envelope addresl'ed to the returning officer at the place of nomination and endorsed with the words aforesaid, and shall transmit the same by post. 23. The signature or mark of a voter who cannot write must be Marksmen. attested by a justice of the peace or the returning officer. No person who cannot write shall be competent to attest the signature of a voter. 24. No person who is a candidate or the agent of a candidate at the Disqualinca- election shall attest the signature of a voter to a voting-paper for use in tion of certain the election. And any such person who so witnesses a signature shall be p~ ~ sons as liable to a penalty not exceeding twenty pounds, but the vote shall not Wl nesses. be thereby invalidated. 2.1. At any time before three o'clock in the afternoon of the day Duplicate next preL'eding the day appointpd for closing the poll, the returning voting-paperll. officer may issue a second or duplicate voting-paper to any voter whose original voting-paper has miscarried or has been destroyed: Provided that the voter shall first make a declaration before the. returning officer that he has not rl'ceived the original voting-paper or that it has been destroyed, and that he has not already voted at the election. 26. The returning officer may at the request of a voter strike out A:ssistance from the voting-paper the name of any candidate for whom the voter does glVten 1.>y not WI . S h to vote, an d mayattest.t h e s ' Ignature 0 f a vo t er, b u t there t urm . ng roeffiucrenr.lng officer shall not personally reCeIve any vote except through the post as hereinbefore provided. L

FIllST SQIUIlWLE. Sch. I. rr. 27-34. RABBITS. Rabbit Act. 4 GEO. V. No. 7, Duty of pol!tmaster!. 27. The postmaster at the place of nomination shall deposit in the ballot-box every post letter addressed to the returning officer and endorsed with the words aforesaid which is posted or received through the post between the day of nomination and four o'clock in the afternoon of the day appointed for closing the poll. 1)isqualifica- 28. No candidate or agent of a candidate shall receive or take any tion of voting-paper or envelope containing a voting-paper from a voter. eandtid f ate or Any sueh person wh 0 ~ o takes or receI.ves a.votlllg-paper or enve 1 ope : :~ ~ cti~~ of containing a voting-paper from a voter shall be liable to a "penalty not ' Y~ ting- paper8. exceeding twenty pounds, and the election of a candidate who or whose . agent so takes or receives a voting-paper or envelope containing a voting- paper shall be void. Removal of ~ allot- box. 1!crutineers. 29. At four o'clock in the afternoon on the day appointed for closing the poll, the returning officer shall demand the ballot-bOX from the postmaster. and, if required to do so, shall give a written receipt for the same and shall forthwith convey the ballot-box to the place appointed as hereinbefore provided for examining the votes and ascertaining the result of the election. 30. Each candidate may appoint one person to be his scrutineer at the place appointed for the examination of the voting-papers. 'Scrutiny of ·...otes and <declaration. .Informal ''fotea. 31. ·The returning officer shall then and there, in the presence of snch candidates anrl scrutineers as may attend, examine and count the number of votes received for each candidate, and shall make out a written statement, signed by himself and countersigned by any scrntineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes for each candidate so counted as aforesaid. and shall BS soon as possible there openly declare such numbers, and shall at the Bame time and place declare the name or llames of the candidates elected, and shall forthwith thereafter certify to the clerk aed to the Minister by writing, under his halld, the name or names of the candidate or candidates so elected, and the date of the declaration of the result of the election. At the time of opening the ballot-box the returning officer shall produce for the information of the scrutineers an alphabetical list, signed by him, of all persons to whom he has posted or issued voting-papers. 32. At the examination of the voting-papers, every voting-paper which- Ca) Does not bear the initials of the returning officer; or (b) le not signed by the voter and attested in the manner , prescribed by this Act; or Cc) Is manifestly irregular; or (d) Is signed by any person other than a qualified voter; or (6) Contains a greater or lells number of names of candid'atell struck out than the number of members to be elected; or (I) Is so imperfectly executed that the intention of the voter cannot with certainty be ascertained- shall be rejected. 'Marking of R3. At the examination of the voting-papers the returning officer · . n~ . etfvoter8shall, upon the alphabetical list aforesaid, make a mark against the name ·on 18. of the voter who voted by a voting-paper. -Casting ...ote. 34. If the number of votes for two or more candidates is found to be equal, the returning officer shall decide by his casting vote which shall be elected. 'l'he returning officer may, if qualified, vote at the election in addition to giving a casting vote.

1913. RABBITS. Rabbit Act. Sch. I. rr. 35-40. FIRST SOHEDULIIi. 35. The returning officer shall forthwith, after the declaration of Disposal of the result of the election, make up in one packet all the voting-papers, Totmg-papers. together with the alphabetical list of voters signed by him as aforesaid, and shall Recurely fasten and seal up such packet, and also permit the .same to be sealed by the scrutineers present if they so desire, and shall endorse upon it when so sealed n description of the contents thereof and the name of the District and the date of closing the poll. and shall sign such endorsement with his name, and shall cause such sealed packet to be delivered to the clerk, who shall safely keep the same for twelve months after the receipt thereof. . At the expiration of such period of twelve months the chairman shall cause the voting-papers to be destroyed in the preeence of at least two members of the Board. 1£ any question at any time arises touching the votes alleged to have been given at any election, the voting-papers contained in any such sealed packet shall be received in evidence as proof of such votes in any court of justice upon production thereof and upon proof that the same were transmitted to the clerk in due course by the returning officer. 36. (1.) If a returning officer or any scrutineer in the discharge of his Secrecy. duties under this Act at or concerning an election learns for what candidate any voter has voted at such election, he shall not by word or act or any other means whatsoever directly or indirectly divulge or discover or aid in divulging or discovering the fact, save in answer to some question which he is legally bound to answer. Every such returning officer or scrutineer who knowingly and wilfully offends against this provision shall be liable to a penalty not exceeding one hundred pounds. (2.) If a scrutineer makes any mark upon any list of voters or makes or writes any note or memorandum denoting or whereby he can know or remember for what candidate any voter has voted at an election, he shall be liable to a penalty not exceeding one hundred pounds. 37. Every person who wilfully intrudes into the room appointed for Intruders. the examination. of the voting-papers, other than the returning officer, the candidates, and the scrutineers, shall be liable to a penalty not exceeding fifty pounds. 38. Every returning officer shall have power and authority to Power and maintain and enforce order and to keep the peace at any election held author~ty of before him, and may without any other warrant than this Act cause to be J' ~ nrnmg arrested and removed and taken before a justice any person who cau~es IJ cer. a disturbance at the election, or who intrudes into or obstructs the approaches to the room appointed for the examination of the voting- papers, or conducts himself in a disorderly manner; and all police officers ilhall aid. and assist the returning officer in the performance of his duty. Any person so brought before such justice shall, if no other penalty is provided undel' this Act, be liable to a penalty not exceeding ten pounds. 39. Every person acting as returning· officer at an election, and Misfealanc•. every postmaster who is guilty of any wilful misfeasance or wilful or negligent act of commission or omission contrary to any of the provisions of this Act shall for every such offence be liable to a penalty not exceeding fifty pounds. 40. No election shall be liable to be questioned by reason of any Vali~ ity of defect in the title or any want of title of any person before whom snch electron•. election is held if snch person really acted at the ~ lection, nor by reason

5984 FIRST SOHEDULE. Sch. I. r. 41. RABBITS. Rabbit /lot. Sch. 11. rr.1-7. 4 GEO. V. No. 7, Expenses. of any formal error or defect in any declaration or other instrument or in any publication made under this Act or intended to be so made, nor by reatlon of any such publication being out of time. No election shall be 'void in consequence solely of any delay in holding the election at the time appointed, or in taking the poll, or in consequence of any impediment of a merely formal nature, snd the Governor in Council may adopt such measures as may be necessary for removing any obstacle of a merely formal nature by which the due course of any election might be impeded: Provided that the validity of the election and the measures so taken shall be forthwith declared by the Governor in Council by Proclamation. 41. All reasonable expenses of or incident to any election, incurred by the returning- officer. shall be repaid to him by the Board out of the Rabbit Fund of the District. SECOND SOHEDULB. [See 8. 17.] SECOND SCHEDULE. RULES GOVERNING PROCEEDINGS AND BUSINESS OF THE BOARD. Re~ ignation. . 1. Any membf'r of a Board may resign his office by writing under his hand, addre~ sed to the clerk; and such reilignatioll shall be complete from the tim~ when it is received by the clerk. Appointment 2. At the first meeting of eVf'ry Board after the election or appoint. of chairman. ment of members in every year, the Board shall elect one of the members to be chairman. In the absence of the chairman at any meeting the members present may elect one of their number to be chairman for the meeting. Clerk. 3. Each Board shall apP(lint a clerk. Validitvof proceedings. 4. No proc,'edings of the Bnarr!, or of any person acting as chairman or membt'r, shall be invalidatf>d by reason of any defect in the appoint.' ment or f'lection of or of any disqualitication of any such person, or by rea~ on of there being any vacancy in the number of members at the time of such proceedings. Power of 5. A Board may make by-laws with respect to the times for holding Board to meetings of the Board, the summoning and adjournment of such meetin~ B, make by-laws. the duties of the "ffiears and servants of the Board, and the transaction and management of business. Such by-laws shah be signed by the chairman, and shall be submitted for the approval of the Governor in Council, and, if approved by him. shall be published in the Gazette, and thereupon !Such by-laws shall ha.ve the force of law. Such by-laws may provide a penalty not exceeding five pounds for any breach thereof. Quorum. 6. No business shall be transacted at any meeting of the Board unless at .least three members are present. Voting. . 7. All powers vested in the Board may- be exercitted by the majorify of the members present. at any meeting duly held, and all questions shall be decided by a majority and by open voting. Upon every question the chairman shall have a vote, and if the numbers are equally uivided he shall have a second or casting vote. At all meetings of the Board, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative.

1913. RABBiTS. Rabbit Act. Sch. 11. rr. 8-11. 5985 SECOND SCHEDULB. 8. The members present at a meeting may from time to time adjourn Adjournment. the meeting. If a quorum is not present within half an hour after the time appointed for a meeting, the members present or a majority of them, or anyone member if only one is present, or the clerk if no member is present, may adjourn the meeting to any time not later than one month from the date of such adjournment. 9. A notice of f"ery meeting or adjourned meeting shall be given to Notice of every member in such manner as the Board l11'1y determine. meetings. 10. A Board may sue or be sued in any legal proceedings in the name Legal of the chairman or derk. proceedings. 11. The accounts of the Board shall be audited from time to time by Audit of the Auditor-General or an officer of his department, and the members and accounts. clerk shall be dEemed to be public a~ countants within the meaning of " The Audit Act oj 1874."* THIRD SCHEDULE. FOI(M OF CHARGE. " The Rabbit Boards Act of un3." THIRD SCHEDULE. [8ees.41 (2).J District of [insert name of district]. I [inslwt name of owner], of [insert addl'ess oj owner], being the owner [.~tate nature of estate or interest] of all that holding situated in [insert name of county, parish, or township], containing [state area] be the ~ame a little more or less [insert description of holding and refer to .tlralll" certificate, lease, or license in which the holdin.q is included], in pursuance of the above-mentioned Act, and in consideration of the Minister charged with the administration of the ~ aid Act having defrayed the cost of wire netting for use upon my said holding, together with the expenses of delivery and othE'r incidental costs, charges, and expenses, the CORt whereof, with interest, is to be repaid by me to the said Minister in [insert number] equal annual instalments at the rate of [insel·t rate] per centum of such amour.t, do hereby charge all my estate and interest. in the said holding with the paymE'nt to the said Minister on behalf of His Majesty of the sum of [insert amount of the anmeal instalment], payable annually on the [insert da.1J and month of charge], the first paymE'l1t to be made on [inselt day and month of char,r;e, and year next . ~ ucceedin. q year oj char.qe], and the same payment to be .made thereafter annually until the whole of the instalments have been paid. Dated this [insert date-i.e., day, month, and year of charge]. [Signature %wner executin.q charge.] Signed by the said in my presence,. J.P.. * 38 Vie. No. 12, 8upra, page 74.