Stock Assessments Act 1862 (SA)

ANNO MCESEMO QUINTO ET VICESIMO BEXTO ,

A. D. 1862.

No. 16.

An Act to .provide for an appeal against Assessments of the Waste

Lands of the Crown leased for Pastoral Purposes.

[Assented to, Zlst ~ct"obei, 1862;J

EREAS by :m Act, No. 7 of l86 1, intituled " An Act to Preamble. amend an Act, No. 20 of 22nd Victoria, intitule,dl An Act

for an Assessment on Stock, and for other pnrposed therein men- tioned,"' it is enacted that the waste lands of the Crown, leaved for pastoral purposes, should be assessed as therein mentioned; but there ie no provision for appealing against such assessment, and

great injustice may result from the absence of such provision-Be

it therefore Enacted by the Governor-innchief of the Province of

South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament msembled, as follows:

1. Any lessee of the waste l a d of the Crown for pastoral Leame agpeal

purposes may, within one year from the publication of any assess-

against over

ment of such lands made under the provisions of the said Acts, lodge with the Comrhissioner of Crown Lands and Immigration, an appeal against the assessment of the waste lands leased to such lessee; and such lessee shall, at the time of lodging such appeal, deposit with the said Commissioner the sum of Twenty-five Pounds, and any excess of that sum over the costs of such appeal shall be returned to the appellant.

2. A person to be abpointed by the Governor with the advice and c?natitu%m of

consent of the Executive Council, another person to be appointed tllbmd.

2 A by

by the appellant, and a third person to be appointed by the person

so appointed by the Governor and appellant, shall constitute a tribunal to be called "The Assessment Tribunal," and such tribunal shall, subject to the provisions of this Act, have full power to hear and determine all appeals which may be lodged against the assess- ment of the waste lands of the Crown leased for pastoral purposes.

Commissioner of

Crown Landa to caurre 3. On receipt of any ippeal, the Commissioner of Crown Lands

tribunal to be sum-

and Immigration shall cause the Assessment Tribunal to be surn-

moned,

moned at &me convenient time and place in Adelaide, there to take

such evidence as may be produced and hear the appeal.

Tribunal t o fix

amount of assessment. 4. The said tribunal shall, after hearing snch evidence, fix the

mount of assessment at which the waste lands, the assessment of

which is appealed against, shall in future br ass&ed, whetlter the

amount so fixed may be higher or lower than the amount fixed in the assessment appealed against, and their decision slmll fort;hwith be published in the South Aust~*alian Government Gazette, and shall be finaI, and shall be the assessment which such appellant shall pay under the provisions of the said recited Act: Provided that no past over-assessment, if proved, shall be returncd to the appellant.

Tribunal to award

expensea.

5. The said tribunal may, on the hearing of the appeal, award any reasonable expeulscs against the appellant, and such expenses may be recovered by the said Commissioner in any Court of compe- tent jurisdiction from such appellant, on production of the certificate of the said Commissioner, as and f"or liquidated damages.

Costa.

6. The appellant shall pay all costs incurred in hearing and determining his appeal.

Fnih~re prosecute

appeal,

7, If any person shall, after giving notice of such appeal, fail to appear or to prosecute the appeal at the time and place appointed, without reasonable excuse, to the satisfaction of the said tribunal, such person shall forfeit all right of appeal, together with thc sum

deposited in the hands of the said Commissioner.

Feerr to member8 of

8. Each member of the said tribunal, shall be paid the sum of

such tribunal, and the amount thereof shall form a portion of the

costs of such appeal.

tribunal,

Three Pounds Three Shillings per day h r each appeal heard before

Commmioner of

Crown Lands and

9. The said Commissioner shall, on request of any appellant, or of forth in the Schedule to this -4ct, to appear a,nd. give evidcncc before the said tribunal; and on service of such summons, such person shall appear before such tribunal and then and there give evidence on oath, and shall thereupon be entitled to receive such reasonable expenses incurred by him. as the said* tribunal may award, such expenses to be added to the costs of the appeal.

Immigration to sum-

the valuator of runs, issue a summons to any person in the form set

mon witnesses.

10. The

10. The said tribunal shall have all the powers and authorities P ~ ~ e ~ o f t r i b u n a l *

vested in Special Magistrates for compelling the attendance of wit- nesses, enforcing any order made by such tribunal, and compelling witnesses to answer on oath; and any wilful false statement, made

on oath before such tribunal, shall be deemed and punished as

perjury.

l l. This Act may Le cited as the 'C Assessment on Stock Tribunal short Title.

Act, 1862."

111 thc name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, C' overn nor.

SCHEDULE,

To A.B., , of , take notice, you are required to appear and give evidence

on , th'e day of , 18 , at o'clock, before the A~sea~ment Tribunal,

at , in Adelaide, in the matter of the appeal of C.D. against the assessment of

the Waste Lands of the Crown leased to the said C.D.

E.F., Commissioner of Crown Lands

and Immigration.