Rabbit Destruction Act 1875 (SA)

,4KNO TRLCESIRIO OCTAVO ET TRICEXIMO NON0

A. D. 1875.

No. 16.

[Assenterl to, 15th October. 1875.3

HEREAS it is expedient to make provision fbr the 1)estuuction Prwmbl(8.

W of Eabbits in those parts of the Province where they have, from their nunibcrs, become n naisancc-BC it thcrcforc Enacted by the Governor of the Yrovince of South Australia, wit11 the advice and consent of the Legislative Colmcil and House of Asscmbly of

the said Province, in this present P<~rlinmcnt ssscrnbled, as fdlows:

1. I n this Act, if not incoiisistcrnt with the contest, the following Inter1)rctation.

terms shall have the scspective ineanings hereinafter assigned to

them, that is to say :-

"Property " shall mean and extend to all lands and buildings (including land belonging to thc Crown, leased or contracted to be sold to or in the occupation of any person) with the following exceptions, namely :-Land belonging to the Crown not sold or leased or contracted to bc sold; land belonging to the Crown, and used for any public purpose; churches, chapels, licensed schools or S G ~ O O ~ S deriving aid from Govern- ment or a District Council; and public bullhgs. Rabbit

U District Council " shall mean a District Council duly appointed

undcr the authority of the laws at ally time in force with

respect to District Councils:

C L Landholder " shall mean the owner or the occupier of not less

than eighty acres of land:

38' & 39' VICTORIB, No. 16.

The Rabbit Destruction Act.-1875.

"Rabbit District" shall mean a Rabbit District duly declared

and constituted under and for the purposes of this Act:

" District " shall mcan a district constituted and designated as such undcr thc authority of the laws at any time in force with respect to District Councild:

Rate" shall mean any rate duly made under and for t l z~

purposes of this Act:

cLCornmissione~" shall mean the Commissioner of Crown Lands

and Immigration.

Division of A C ~	into	2. This Act shall be divided into three parts.	L
t h e e parts.

The First Part relating to Rabbi! Uistricts within the limits of

Districts:

The Second Part relating to Rabbit, Districts outside the limits of

Districts:

The Third Part relating to Offences, Penalties, and General

Matters.

PART I.

RELATING TO RABBIT DISTBIC'I'S TVITI-IIN TEE

LIMITS OF DIWRICTS.

of Bny 'such District ~ounci l; ai th thc authority oi' such District

Council, or by twenty landholders holding not less in the aooregatc	than two thoasarrcl acres of land within such District, praymg that 9b
such District may be declared a Rabbit District mdcr this Act, cause the pmyer and s~~bstance of such pctition to be published in
thc Goventnzmd Gnzcftc?, and at the eupimtion of thirty days from
the date of such publication, the G o w n o r m3y, by Proclamation,
constitute and declare such District to be a ltabbit District under
and for tile purposes'of this Act.

Powers of District

Council in Rabbit 4. When any such District is duly constituted and declz~reci a

District. ltnbbit ~ i s t r i c t, ~ the District council thcreof shall have power ro do all such acts anti things as to the said Council may appear proper or neccssnry to be done to enswe thc ckstruction of mbbits within such Rabbit District, and for that purpose nmy, out of the rnoners received by them by virtue of this Act, offer re'~var~k or bonuses for the destruction of such animals.

~f rabbits not &S-	5. If the District Council 01 any Tlistrict which has been duly
troyedafternotice,

land may be entered. believe th8.t there arc rabbits upon any land within such Kabbit	constituted anci dcclard a Rabbit District, shall have reason to
District, and that the otvncr or occnpier of S L W ~ land refuses or neglects to destroy thc s a m, such District Council Inup, by notice in writing, to be scrvcd upon such owner or occupier, or

left

38" & 39" VICTQRIB, No. 16.	65
me Rabbit Destruction Act.-1876.

PART I.

left at his usual or last-known place of abode, or upon such land, require suc h owner or occupie~, or his authorized agcn t on his behalf, to destroy such rabbits; and if, after fourteen days from tlw date of the service of such notice, such owner or occupier, or his agent, shall neglect or fail to cornply with such notice, then it shall be lawful for any pcrson authorized in writing in that behalf by such District Council, to entcr upon any land in rcspect whereof any such noticc shall havc been given, as aforesaid; and to use a l l such means, and take all such measurcs as lw may dcern necessary for taking or de- stroying any rabbit which may bc found upon such land; and such person may take away t m d YCMOVC from tht' said land, thc said rab- bits or any part thereof: Nothing in this section contained shall authorize clo~s to be taken on any lard without the consent of the " owner of such land.

6. I t shall bc lawful for m y prrson authorized ill lvriting in that Persons authorized may enter upon land

behalf by thr District Conncil of m y Idistrict	which has bcen to searoll for
duly constitlxtcd and dcclared a Rabbit Ilistrict,	after twenty-four
hours' notice shall haw bcen givcn, to enter any	land within such
Rabbit District, or any land i n the neighborhoocl	thereof', not being

within another ~ a b b i t l Iistrict, whcthehcloscd or not, at iiny reason- able hour in the daytime, for the purpose of ascertaining If a,ny rabbits are thereupon, and no such person dpll be dcelncd a trespasser by reason of such entry, or be lisblc for any damage thereby occasioned, unless the same shall be occasioned by such person wilfully, and without necessity: brovidccl that any person so authorized shall cxhibit such written authority, if to do so bv the owner or

occupier of such land, or his ~~uthorizecl agent, and if being so re-

quired hc shall fail to exhibit ~ m h authority, then he shall be liable

to be cteemed zmcl dealt with as a trespasser.

7. -4ny snch District Connd may levy any mtes that they may District Cauncilmay

think proper for the purposes of this Act, and l'or such purpose the levy ratcs.

provis~oris of the laws at any time in force under whicll District

Councils have authority to levy rates for other purposes, shall be

applicable to rates authorized by this Act: l'rovidcd that the fill1 amount of rates so levied shall not for any onc yew exceed one shil- ling in the pound on the annual vnlile of tllc property assessed: And the full amount of mtes so lcvied shall, after payment thcreout of all thc cost df levying the same, be employed for thc lmrpows speci- fied by this Act; and no part of sach mtes shall be expended beyond the limits of the Rl~bbit District in which they have bccn levied.

8. In any proceedings that may be taken by any such District Evidence of constitu - tion of Rabbit Dis

be levied, and in all proeeediilgs that rnny he talwu against any Council for thc recovery of' any rates, authorized by this Act to trict. of any act or deed purporting to be clonc pursuant to this Act, the production of a copy of the Goucrnnzcnt Gazette in which the Procla- mation constituting and declaring the District a Rabbit District is published, shall be conclusive evidcncc that such Rabbit District has been duly constituted and declercd as such.

PART 11.

66 38O & 3 9 O VXCTORIB, No, 16.

Xab bit Drstructio~~ Art.-1875.

- - p-.

.- p L p -

YART 11. PART 11.

RRLATIN G TO RABBIT DISTRICTS OUTSIDE THE

Rabbit District Nay

bc declared outside 9. Tllc Goverx~or, on receipt of a petition signed by not fewer

tb l imi t so f l)isDich. than ten landholders, pmyi.ng that m y portion of tlic said Pro-

dnce outside the limits of lhstricts, and described in such petition, may be declared a lktbtit District under this Act, mny cause the prayer and substance of such pctition to be pnblishcd in the Goccrnnwnf Gax~tte ; and at the expiration of thirty clays from the date of such pblication, the Governor may, by Procl;mation, con- stitute and d c c l a r ~ the area clescribei~ in snch Getition. or any part thcreof, to be a Rabbit District undei and fols the !mrposes of this Act: I'roviclcct that the laricl qutt1iSji:lg tlw said lan(lho1ders us such shall be within the area sought to bc, declared a Rabbit District: And p ~ i d c d also that such 1'2~nilhol~1crs shall collectively be owners or occupiers of not lcss than onc-tenth of the area sought to be cleclascci a Rabbit District.

Conmissioncr t o l ~ s v e 10, When aliy portion of the said Province sliall be duly con-

the same p u n er as

S titutcd and clcclnrccl a RE bbit Di~krict, the Commission~r, and any

uistrict ~ ~, ~ ~, ~ i l ~.

persons apyoiilted hy hip1 in that behalf, sliall haw, within such liabbit Dist rc t, r igl~ts, powers, disr.ri\tiom, and privileges similar in a11 respects to thosc confclwcl by tllc t~:~rth, fifth, i11ld sixth stc- tions of this Act upor. District Councils 01 clistrlcts w11ich have been duly constituted and declared Rabbit Distric~s under the third sec- tion of this ,419.

r ~ o p e r t y r n a ~ I ) o 7 1. T I r 1 1 ~ n any po~tion of t-he said Provinrc shall bc. tlnly con-

assessccl. stitnted and dcci,~Yetl a Rabbit District, it, sllnll br lawfill SOT t l ~ c

Cou~inissionel~ to ?lqjoint m n e pt3rson to m;Ae an assrssm~nt of all

property wittliu swli Rabbit, District, accortiir )g to t l ~ c full, ftur,

unrl avcr~ige rstim~tcd annual -~alucx of t l ~ b same, clear of d 1 out

goings; ad such abscssmcnt shall bc \vrittcu ill two books, one of which slnll be kept by t l ~ Conzmiwioncr, nntl the other, which shall be open to the ins$xAioli of ratepayers at all reasoilable times, shall 1-~niain in the custody of some 1mson (m be appointed by iile Comrriissi oner) who shall I cside at a convenient ylnrbe within such Rabbit l j h i c t; and the said Lunl;c shdl specify in diffcrcnt colv,mns the n a n m of the rcspectivc occupiurs or uwllcrs, or agents of owners of the property asscssccl, so f'w as thc same can be as- certainccl, ancl thc estimated aimual value of the said property, with a description of t h ~ same. And evcrp such assessment shall remain

in force until a new assessmer~t	shall be made by order of the Corn-
missioncr.

Notice of a s se~ment	12. A notice of the nlaliing of such ~tsscssn~e~rt	in the forin con-
to be published.

taincd in Schedule A of this Act, or as near thereto as cil;cumstances will permit, shall be published in two consecutive ilurnbers of the

Govenzment

38" & 39" VICTORIB, No. 16.

The Rctbbit Dest~rcction Act.-l 87 5.

Government Gazette; and any person may, within one month after the PART 11.

last publication of such noticc, appcal thcrcfrom, upon the ground that any property is assessed beyond or below its full and fair annual value, or is omitted from the assessment, or that the subject of such assessment is not property within the meaning of this Act.

13. The Local Court of Full Jurisdiction nearest to the property Nearest Local court

the assessment of mhich is appealed against shall bc the Court of Appeal, and every such appeal shall be commeilceil by the delivery of n notice in form of Schcdulc B to this Act, or as near thereto as circumstances will permit, to the Clerk of such Court, and also at the office of the Commissioncr, or to thc Collector to bc appointed by

the Commissioner, within the period allowecl for appeal.

14. The appeal shall be lien~d at the sittings of the Local Court Time for hearing ap- p ~ a l .tnd mode of

next aftcr eight wccks from the lust pul~lication of tllc no tic^ of barno,

assessment in the Governmeni Gccette, and one copy of the assess- ment shall b~ produced by or on behalf of the said Commissioncr; and upon examining upon oath any witness who may be tendered for rxarr~inxtion touching tlic qucstion in disputc, the Court at the same, or at some adjourned or subsequent sittings, may malre such order touching the matter in dispute and costs as shall be just, ancl shall cause any alteration in thr assessment occasioned by thc decision to be imrncdiately made, which alteration shall be attested by the signature of the Specid Magistrate, a rd the Court may er~fu~ce ally order in the samc manner as though tllc same wcre tllc order of a Justice of the Peace u d c r his summary juris~Iicti011.

15. At any time. after thc lapscl of three months from the date of Commissioner may levy rate.

the. last publication of thc notice of the asscssmcnt in thc Govewme~zt

Gn.=.ette, thc Commissioncr may levy any ratc that hc may think prolwr for the purposes of this Act upon the property i n c l h d i n such assessment: Yrovicled that the full ~rnolmt of rates so levied

for a n y one )ear, slut11 nut cscccil onc shilling in the pound on the	annual value of the property assessed: and the rates so levied shall,
after paymcnt ttlcrcout of the cost of making the assessment, and raalriug and levying such ratlcs, be cnlploycd for tllo purposes specifid by this Act.

1 6. The Colnrnissioner shall publish oncc in the Go~wnmnzt Xoticc of rate,

Grrzatte in t l i ~ form contail~cd in Scl~cdulc C to this ,4ct, 0.i: as ncar

thereto as circumstances will permit, a iioticc of' having made a

ancl upon such publication thc mount of such ratc shall bc imme-

diately become due and paynlde to the (lommissioner.

17. The Commissioner, or any Collector appointed by writing Rates how recovered.

under his hand, may recovcl. thr rates, ancl all arrrnrs thrrc-of, dne in respect of any property irlcludcd in any assessment from the pcrsons who shall be owners or occupiers of such property at the time of demand being made; and it shall be lawful for the Commissioner, or any such Collector, to sue for and recover any such rates and arrears from the person so liable to pay the same, bg an action or

other

68 38" & 3g0, VICTORIB, No, 16.

PART 11. other proceeding in any Court of competent jurisdiction, in the name of such Commissioricr or Collector; and, for the purposes of any such action or othcr proceeding by such Collector, such rates and arrcars shall be deemed to bc ctuc and payable to such Collector: l'rovided that no such action or othcr proceeding shall be cornrnenced until the expiration of ten days a f t e ~ a demand in writing for the amount of such rates or arrears under the hand of the Commissioncr or such Collector shall have been servcci upon such owrlcr c;r occupier, or left at his usual or last knowu place of abodc, or upon the property in resycct whereof the rates or ancars sued for s M l Fe payable.

Evidence of c:onstitu-	18. I n any action or other proceeding h a t may bc brought or
tion of Rabbit

District.	taken by the Commissioncr or anjr Collector appointed by him for the recovery of any rates or other moneys due irl respect of any property assessed unclcr the provisions of this Act, ahd in all pro- cccdings that may be taken rtpinst the said Commissioncr or any person crnploycd by hiin for or by' reason of any act or deed pur- porting to be done pursuant to this Act, the production of a. copy of thc Gover?tmen,t Gazctie in which the Proclamation constituting and declaring any portion of the said Yrovince a Babbit District is publisl~ecl shall be conclasivc evidencc t h ~ t such Rabbit District has been duly constitnterl and dcclarcct; and the production of s copy of the Govemrfient Gn,xtte in which notice is publislzecl of a rate having been made by the Commiesioac~ shall be conclusive eviclcricu that such a rate has been duly madc.
Rates may bc dis-	19. If any ratcs, or arrears thmcof, are unpaid for the space of twenty-one days nftcr demand in writing shall have been served upon any such owner or occupier, or left at his asud or last known place of abodc, or upon the property in respcct whereof such rates or a1 rears are papal~le, the Commissioner or Ckdlcctor, or his assistant, may thercugon, without any warrant, enter upon or into any part of tllc prope~ty in respect whcrcof such rates or arrears are payablc,
trained for.
amount of such rates and arrears; mci if the amount for which the and distrain the goods and dinttlcs found thcreirr and thereon for the
distress is talcen is not paid within five days after making such distress, together with itsona on able costs, the^ the said distress, or so much as shall br- sufficie~~t to pay the rates or arrears and costs as afozesaid, may be sold, and any overplus which may remain after deducting the amount of such rates or arrcars and costs shall be rcturned to the owner of the goods.

Anniml nccount to be 20. The Commissioner shall in each ycm cause an accotmt in

published.

abstract to be prepared of the whole rec~:ipt and cxpenditnrc of all rates and other moneys levied under the powers of this Act fur the ycar preceding, under thc scrcrd distinct heads of receipt and expenditure, for each Rabbit District over which he has control, with a statement of the balance of such account, duly audited and certified by the Auditor-General; and n copy of such account* shall, within thrcc months of the close of each such year, be published in the

Qovernrnent Gazette. PART 111.

38O & 39' VICTORIB, No. 16.

The Rab6it Destruction Act.-1875.

PART 111. FAZT III.

BELATING TO OFFENCES, PENALTIES, AND GENERAL

MATTERS.

21. If any person shall wilfully obstruct, hinder, or interrupt any obstructing persons authorized under this

person appointed by tlle Commissioner or any District Council, in Act.

the exercise of any power, or authority, vested in any such person

by this Act; or shall threaten, assault, or usc impropcr language to

any such pcrson whilst in the performance of his duty under this Act,

every such person so offending shall, for evcry such offence, forfeit

and pay a penalty not exceeding Twenty Pounds: Provided that no

proceeding for the recovery of m y such penalty, nor thc payment

thereof, shall be a bar to aily action at law by any such person for m

in rcspect of any such assault, but every such action may bc corn-

nlorlced and proceeded with as if this ACL had not bcen passed, my

law or usage to thc contrary notwithstanding.

22. All offences against this Act, and all penalties and sums of OBWC~S to be dealt

money imposed or made pqaWc by this Act shall, where no other "thsUmmNi'~. of the duties of Justices of the Pcncc, out of Sessions, with respect

mode of recovery is by law provided, be heard, deternijned, and

recovered in a summary may, by arid before :L Special Magistrate, or

two Justiccs of the Pcace, in the inode prescribed by the Ordinancc

to Summary Convictions and 0rdm.s.''

23. All actions and prosecutions to be commenced against any Noticeof action.

pcrson for anything purporting to be done pursuant to t,his Act, shall be commenced within six months after the canso of actior~ arose; and notice in writing of such action or lxosecution, and tlic cause thereof, shall be given to thr clefrncl;~nt onc month at least before the com- mencement of wxh action or ~:rosc.cution, and iiu plaintiff shall recovcr in any such action if ter,iler of snfficient amends s11nll have been marlc hefore snch action brought; a d though a vcrdict shall be givm for tlw plaintiff in any such action, such plaintiff shall not

llave costs against thc clefendunt unless the Judge, Special Magistrate, or Justices of thc Peace bcfore whom the trial shall be, shall certify

his approbation of the action and of the verdict obtained thereupon.

otherwise in any cave spccililly dircctcd, bc paid to the person ties. 24. All penalties roceivcci by virtuc of this Act shall, if not Application of penal-

authorized to rcccivc the rates levied under the authority of this Act, within tllc PLabFit District in which the offeircc in mspect of

which thc penalty is imposed was committed, and shall form part of

the moneys at the disposal of the District Comld or thcCommissioner

for the purposcs of this Act in respect of snch Xabbit District.

Short title.

25. This Act may be cited, for all purposes, as " The Rabbit Destruction Act, 1875."

I n the name and on behalf of IIer Najesty, I hereby

assent to this Bill.

A. MUSGRAVE, Governor.

SCHEDULE

38' & 39' VICTORIX, No. 16.

SCHEDULE A.

Notice of Assessmefit.

Rabbit District of

Notice is hereby given, that I, the Commissioner of Crown Lands and Immigra- tion, have caused to be made an assessment of all property within the tCabbit District of, showing the names of thc owners or occupicrs, so far as the same can be ascertained, the estimated annual value of the said property, and a description of the Fame, and that the same can be inspected at

at all reasonablc hours; and any onc intending to appeal against the said assessment must serve the notice required by '' The Rabbit Destruction Act, 1875,,' on or before

the day of

Dated this day of 18 .

A.B., Commissioner of Crown Lands and Immigration.

SCHEDUDE B.

liz the Local Court To the Commissior-er of Crown Lands and Immigration, and to

fl 1 all whom it majr concern:

Take notice, that 1 appeal against the asscssrnent, notice whereof appears in the

Government Gazet te of the	day of	18	, on thc ground
that

Datcd this day of 18

SCHEDIJLE C.

Notice o f R n t ~.

Rabbit District of

Notice is hcreby gwcn, that I, the Commissioner of Crown Lands and Irnmigr~tion,

have this day made a rat6 of in the pound upon t h ~ assessment for the above district, and all persons liable are required forthwith to pay the amount of such rate according to the assessment, to Mr. A.B., the person appointed by me to

collect such ratc.

17ated this day of 18 .

C.D., Conmissioner of Crown T,ands and Immigration.

Adelaide: By authority, W. C. Cox, Government Printer, Korth-terrace.