Sparrow Destruction Act 1889 (SA)

ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-

GEXIMO '1'ERTIO

No. 467.

A11 Act to provide for thc Destruction of Sparrows.

[As.sm fed io, Decembeer &h, 1889.1

HEHEAS it is desirable to make provision for the destruction Preamble.

the Province of South Australia, with the advice and consent of the	W of sparrows-Be it therefore Enacted by the Governor of
Legislative Council and House of Assembly of the said province, in
this present Pa,rlinmcnt assembled, as follows:

l, This Act may he cited for all purposcs as '+ The Sparrow Short title.

Destruction Act, l989 ,"

2, The Governor map, by Proclamation in the G'ovenzment Governor may pro-

Gazeite, declare that any municipality constituted or having a triuts,	claim sparrow dia-
council exercising local functions under '' The Municipal Corpora- tions Act, 1880," or any district constituted or having a council exercising local fmctions under any District Councils Act, shall be
a sparrow district for the purposes of this Act.

3, The council of every municipality, and of every district so local Dutieaandpowersof authority.

proclaimed a sparrow district, shall be the local authority for such district for carrying into effect the provisions of this Act, and shall, as regards all lands, including Crown lands, situate within the limits of their respective sparrow districts, bc charged with the duty and have authority to suppress and destroy sparrows thereon, and to prevent them breeding and increasing, and for that purpose to take all such measures and do and perform all and every such acts and things as may be I.roper or necessary.

4, Every local authority shall in all things carry out, conform to, Localauthoritieato be under control of

and abide by a,ll such directions (if a n y ) ari shall from time to time c,m,i,simer,

A-,-467. bc

52' & 53' VICTORIAZ, No. 467,

The sparrow Destruction Act.-1889. - -

be given by the Commissioner of Crown Lands and Immigration

for carrying out the provisions of this Act; and if any local authority shall make default in so doing, the Commissioner may cause such directions to be carried out, and mav exercise any power which the local authority might have exc&ised; and the expense of carrying out such directions and exercising such power shall be a debt from the local authority to the Commissioner, payable on demand. Any certificate under the hand of the Com- missioner that a certain sum of money is due to him from any local authority, under this section of this Act, sllall be received in all Courts as prim4 fncie evidence that the sum therein named is due

and payable from such local authority to the Commissioner.

Local authority may

appoint officers. 5. Xvery local authority may from time to time appoint inspectors

and officers within their district for carving into effect the pro-

visions of this Act, and may from tilnk to time remove every

person so appointed.

Occupiers to destroy

sparrows.

6. Any inspector may cause a notice to be served requiring any occupier of land in any sparrow district, whether Govcrnment, public, or private property, a i d used for Government purposes or otherwise, and any owner of any unoccupied land in any spanow district, within twentyone days a t e r service of such notice, to destroy all sparrows'cggs, and do anything reasonably necessary and required by such notice fbr preventing sparrows buildin g or increasing thereon.

Right of entry to

inspector after notice.

7. Every inspector, having given at least forty-eight hours' pre-

vious written notice of his intention so to do, may, from time to time,

between the hours of seven o'clock in the morning and six o'clock

in the evening, enter and remain for such t,irne between such hours as may be reasonably necessary upon any land or building, whether Government, public, or private property, and usecl for Government purposes or otherwise, for the purpose of' searching for and ascertain- ing if sparrows, sparrows' eggs, or sparrows' nests arc thcreon,

In default, inepector 8,

If default shall be made in compliance with the requirements of atiy notice served pursuant to section 6, any inspector or officer, having given fortp-eight hours' previous written notice of

may destroy sparrows.

his intention so to do, may, at any time, not being earlier than sun-

rise or later than one hour aftei- sunsct, enter and remain for such time, not being earlier or later than as aforesaid, as may be reasonably necessary upon any land and buildings within his district, and search for and destroy ,211 sparrows and sparrows'

eggs thereon, and do anything reasonably necessary for pre-

venting sparrows from breeding or increasing thereon; and the cost thereby occasioned to the local authority shall be a debt from the defaulting owner o r occupier, payable on demand to the local authority, and a certificate under the hand of an inspector shall be primd facie evidence of the debt and its amount.

Inspector not Liable

for trespssn or Q. No inspector or. officer acting in pursuance of this Act shall

damage. be deemed a trespasser, or liable for any damage occasioned in or

about

52' & 53' VICTORIW, No. 467.

l % e Sparrow Destruction Act.-1889.

about the exercise of his powers necessary under this Act, unless such damage shall be occasioned by his wilful act or negligence; and in such case the local authority shall also be liable to make good the damage: Provided that every such inspector or officer shall, upon being required so to do by the owner or occupier of the land or buildings entered upon, exhibit his authority, or in default shall be liable to be dealt with as a trespasser.

10. Every local authority may at any time, and from time to time, Localauthority may

levy ratea.

without the consent of the ratepayers, in addition to the rates which Acts for the time being in force relating to Municipal Corporations or District Councils, declare and cause to be collected such other rate or rates not exceeding Twopence in the Pound, or, with the consent of the ratepayers, not exceeding Sixpence in the Pound in any one year as they shall deem proper for effectually carrying out the provisions of' this Act. The rates so declared may be recovered, and payment thereof may be enforced, in the same manner and against the same persons in all respects as if such rates were authorised by the above-mentioned Acts or any of them.

they are authorised to declare under '' The Municipal Corporations

11. The powers of making by-laws conferred upon any lacal Extension of power

authority by any Act for the time being in force relating to Muni- of making by-laws.

cipal Corporations, or District Councils, shall extend to the making

of by-laws for the suppression and destruction of sparrows, and for

preventing them breeding and increasing; and any such bylaw

may provide for the enforcement thereof by a penalty not exceeding

Two Pounds to bc recovered in a summary way.

12. Any person who shall falsely wprcscnt himself to be an inspector

or officer under this Act, or in any manner whatsot?ver personate an sonating oBicers.

officer under this Act, shall, on conviction, for every such offence

be liable to forfeit and pay a penalty not exceeding Twenty Pounds,

Penalty for per-

exceeding three months, or to be imprisoned, with or without hard labor, for any period not 13. Any person who shall wilfully obstruct or hinder any in- Penalty forob- struchg officers

spector or officer under this Act in the exercise of any power

thiaaot.

or authority vested in any such officer by this Act, or who shall assault any such officer whilst in the exercise of his powers under this Act shall, on conviction, for every such offence be liable to forfeit and pay a penalty not exceeding Five Pounds, or to be imprisoned, with or without hard labor, for any period not exceeding one month: Provided that no proceeding for the recovery of any such penalty for assault, nor the payment of any fine inflicted, nor the suffering of any imprisonment for such offence, shall be a bar to any civil action by any such officer for or in respect of the same assault, unless the Justices issue a certificate to the contrary, under sections 55 and 56 of the "Criminal Law Consolidation Act, 1876."

14, Any person who shall wilfully let loose any sparrows, or Sparmm not tob.

knowingly and wilfully permit any sparrows to be let loose, in any let

part

52' & 53' VICTOKIE, No. 467.

The Spar~ow Dest~uction Act.-1889.

part of the province, shall, on conviction, for every such offence be liable to forfeit and pay a penalty not exceeding Ten Pounds, or to br imprisoned, with or without' hard labor, for any period not exceeding threc months.

Evidence of appoin*-

ment of offlcers and 15. The production of the appointment of any inspector or officer

d p r o b a t i o n of	under this Act purporting to be signed by the mayor of any corpora-
districts.	tion, or the chairman of' any district council, shall be primd facie evidence that such person is an officer under this Act fo; the sparrow district named in such appointment; and the production of the Government Gazette containing any proclamation of a sparrow district shall be conclusive evidericc of such district being duly constituted.
Service of notice.	16, Service of m y noticc xqnired by section 6 of this Act must be personal, and service of any nitice rcquired by section 7 of this Act may be effected either personally or by leaving the same at the residence of the occupier, or, if there be no residence, then on some conspicuous part of the land to which the same relates.

Residencesnot to be 17. This Act shall not authorise any person to enter into the

entered. interior of any part of any bnilding used for rcsidcntial purposes.

UBO of poison. 18, The use of poison for the destruction of sparrows may hc:

authorised by any local authority, subject to regulations for the

prevention of acciclen t,

Payment for birds

and eggs. 19, In every sparrow district payment may bc made by the local authority for sparrows and sparrows' eggs collected and destroyed within such district, and produced to an officer appointed by such authority.

Penaltiesma~ be m- 20. Every proceeding in respect of any offence against this Act may be had before any Special Magistrate, or two or more Justices of the Peace for the said province, in a summary way, by or in the name of any officer under this Act.

covered in a summary

manner.

Application of No. G

of 1860. 21, The proceedings before Justices shall be conducted as ap-

pointed by, and shall be regulated under, the Ordinance No. 6 of 1850, intituled An Ordinance to facilitate the performance of the duties of Justices of the Pcace out of Sessions with respect to sum- mary convictions and orders," or of any other Act for the time being relating to the' duties of Justices of the Peace with respect to summary convictions and orders.

Appeal to Local Court

from order made by	22. There shall be an appeal from any conviction by Justices for any offence against this Act, or from any order dismissing an infor- mation under this Act, which appeal shall be to the Local Court of Full Jurisdiction nearest to the place where the couviction or order appealed from was made; and the proceedings on such appcal shall
Justices.

be

52' & 53' VICTORIE, NO. 467

The 8pa~row Destruction Act.-1889.

be conducted in manner appointed by the said Ordinance, No. 6 of

1850, for appeals to Local Courts.

23,	I t shall be lawful for the Local Court, upon the hearing of	Local Court may state
case for opinion of

any appeal under the last preceding section, to state one or more

Supreme Court.

special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases, according to the practice of the Supreme Court on special cases; and the Supreme Court may make such order as to the costs of any such special case as to the said Court shall appear just; and any two or more Justices, or the Local Court stating the special case, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Suprerne Court, or of any Judge thereof, which .order of the Justices of the Peace or Local Court shall be enforced in manner provided by this Act for the enforcement of orders of Justices of the Peace; and, save as herein provided, no order or proceeding of Justices, or of any Local Court, made under the authority of this Act, shall be appealed against or removed by certiorari or otherwise into the Supreme Court.

24, All actions against any officer, or other person acting in the execution of this Act, for anything done in pursuance of this Act

and others acting in Protection to officers

execution of thia Act.

shall be commenced within one month after the happening of the cause of action, aud not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant four- teen days at least before the commencement of the action, and the defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at the trial; and the plaintiff shall not recover in such action if tender of sufficient amends shall have been made before action brought, or if after action brought the defendant shall pay into court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs of suit up to the time of payment into court, and if the defendant

tinue, or the defendant shall otherwise recover judgment, he shall

shall obtain a verdict, or the plaintiff become nonsuit or discon-

recover full costs as between attorney and client upon such judg-

ment.

25, All fines imposed for any offence against this Act, or any Finee.

by-law to be made thereunder, shall be receivable by the local authority of the district in which such offence shall have been committed.

26, This Act shall not apply to any sparrow other than that Interpretation.

known as the common house sparrow (passer domesticus).

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

this Bill,

KINTORE, Governor.

Adelaide : By authority, H. F. LEADER, Government Printer, North-terrace.