The Vermin Act 1905 (SA)

ANNO QUINTO

A.D. 1905.

No. 905.

An Act to consolidate and amend the Law relating to Vermin Destruction and Vermin Fencing, and for other purposes.

[Assented to, December pth, r 903.1

E it Enacted by the Governor of the State of South L4i~stralia,

follows: B wilh the advice and consent of the Parliament thereof, as

1, This Act may be cited as The Vermin Act, 1905." short title.

2, 'l'his Act shall come into operation on a day to be fixed by the Date ofoperation.

Governor by Proclamation, and mention hereinafter made of the passing of this Act shall be deemed to refer to t'ne coming into operation hereof.

3, 'I'liis Act is divided into Parts and 1)ivisions as follows :- Division of A C ~.

P A RT	I. -- Tn terpre tation and Repeal.
PART	11 ..--.Vermin Destruction -

I ) I V I ~ I O N I.-Government Inspectors:

DIVISION	11.-Destruction on Crown Lands:
DI V i s r o ~	I I I.-Powers and Duties of Councils and Vermin

Boards:

DIV I SION IV.-Destruction by Owners and Occupiers.

PART 111.Vermin-Fenced Districts and Vermin Boards-

DI v I s r o ~ I.-Constitution of Vermin-Fenced Districts

and Boards:

D i v l e ~ o ~ 11 .-Members of Boards:

I)rvmron iv.-Electiens:

DIVISION v.-Meetings of the Board:

c , .

U~VJSION m,--Contracts and Works:

' 5 EDWARDI VII, No. gag.

The Vermin Act.-- 1905.

D ~ V I ~ I O N v I I .-Revenue and Expenditure:

lh VISION v1 I I. -Making and Recovery of Rates:

DIVISION 1x.-Loans :

DIVISION X.-Officers of the District:

I)IVISION x1.--By18ws and Regulations:

D1 V I S ~ O N XI I.-Differences between Boards.

P a w IV.-Vermin Fencing by Vermin Trusts.

PART v.-Vermin Fencing by the Crown.

PART VI.-Wire Netting Fencing by Owners and Occupiers-

DIVISION	I -Wire	Netting within District Councils:
DIVISION	I I.-Wire	Netting on Pastoral and other Leases

Outside of Hundreds:

DIV i S (on I 11.-Contribution to Vermin-proof Fences by

Adjoining Owners.

PA I ~ T v1 I.-Enforcement of Act-

Div l s lo~	1.0ffences:
DIVISION	11.-Evidence:

DIVISION 111.-Legal Procedure.

PART I.

INTERPRETATION AND REPEAL.

Interpretation. 4, In the construction of this Act, except where othernise

clearly intended-

Any land " means all lands in South Australia, not including the Northern Territory, not coming under the definition of Crown lands:

Authorieed person " means and includes all persons who, for the purpose of carrying into effect the provisions of Part 11. of this Act, are authorised and appointed in writing-

(a ) By a District Council, as regards anything to be done within the boundaries of its llistrict (except in cases where the provisions of section 12 hereof are appli- cable):

( b ) By a Vermin Board, as regards anything to be done

within the boundaries cf its Vermin-Fenced District:

(C) By an Associated Board, as regards anything to be

done within the boundaries of its District:

( d ) By the Commissioner, as regards anything to be done

outside the boundaries of District Councils, Asso-

ciated Boards, and Vermin-Fenced Districts:

Associated Board " means an Associated District Councils Ver- min Board declared under or continued by section 13 of this Act:

Board " means the Vermin Board of a Vermin-Fenced Dietrict

constituted by or declared under Part 111. of this Act:

" Boundary

5' EDWARDI VII, No. cps.

The Vermin Ac t. 1905.

Roundar y fence " in Division 11. of Part VI. of this Act means I'ABT I.

any fence used as an outer boundary fence of any contiguous - - . -

lands occupied as one run:

',. Chairman " means the Chairman of a Vermin Board:

" Commissioner " means the Commissioner of Crown Lands and

Immigration:

" Crown lands " means and includes all lands in Sonth Australia

except-

I. Lands reserved for or dedicated to any public purpose:

I I. Lands lawfully granted or contracted to be granted

in fee simple by or on behalf of the'crown:

I I I. Lands subject to any agreement, lease, or licence law-

fully granted by or on behalf of the Crown:

And iucludes all lands which, having been granted or held under agreement or lease, shall have been or shall be s n - rendered, or having been reserved, or dedicated, shall have been or shall be lawfully resumed by Proclamation; and all lands which, having been lawfully held by any person fbr any estate or interest, shall have been or shall be lawfully forfeited or resumed, or which, by any means whatsoever, shall have reverted or shall revert to the Crown:

" Ilistrict " meaus a Vermin-Fenced District:

" District Council " or "Council " means a District Coutlcil by or

under "The District Councils Act, 1887," established or

continued:

Extraordinary vacancy " means any vacancy in an ofice occur- ring otherwise than by effluxion of time:

Fences Acts" means "The Fences Act, 1892," and the " Fences Act Amendment Act, 1903 ":

" Gazette " means the South Australian Government Gazette :

Judge " means a Judge of the Supreme Court of South Aus-

tralia:

Justice " means a Justice of the Peace for the State of South Australia:

Owner or occupier " includes the authorised agent of any owner or occupier and every person in receipt of or entitled to rents or profits of any land, and includes a mortgagee in posses4on:

Occupier " in Part VI. of this Act includes the owner or tenant of any freehold land, or any person holding land from the Crown under a pastoral lease agreement to purchase or as scrub lessee, credit selector, forest lessee, dr miscellaneous lessee, or holding land from the Crown on lease with a right of purchase or on perpetual lease, or holding a perpetual lease of lands granted or dedicated by way of endowment for education:

.

Proclamation " means a Proclamation by the Governor in the

Gazette : Public

' 5 EDWARDI VII, No. 9 5.

The Vimin Act.-1905.

PABT I.

- " Public notice," in Part 111. hereof, means notice given by advertisement in the Gazette, and by posting handbills, written or printed, or produced by mechanical process, on every post office in the District and on every other place appointed by the Board, by by-law or otherwise, as a place for posting notices:

Rabbit-proof fence " means-

(a) A substantial fence such as is shown and described i n the

Fourth Schedule hereto; or

(6) Any other substantial rabbit-proof fence approved by thc

Commissioner in writing:

'Ratable property," in Part 111. hereof, means and includes all lands, tenements, and hereditaments (including Crown lands, whether occupied or unoccupied) within the lirnits of a District:

' L Ratepayer," in Part H T. hereof, means the owner or occupier of ratable property, or the owner of unoccupied ratable pro- perty, or the Surveyor-General in respect of ratable property belonging to the Crown, whether occupied by the Crown or unoccupied:

Special area " in Part VI. of this Act means any land comprising the whole or part of a District under any District Council, and for the benefit of' which a loan is intended to be applied, for which may be described by any order of the Governor granting a loan:

uSurveyor-Gcneral " means the Surveyor-General for the State for the time being, or the person discharging the duties of the office of Surveyor-General for the time being:

Town " shall mean and include any Government town or town-

ship and any land laid out as a township, plans whereof are

General Registry Office: deposited in the Lands Titles Registration Office or in the

Vermin " includes rabbits, wild dogs, and foxes, and any other animals which the Governor may, by Proclamation, declare to be vermin for the purposes of illis Act:

Vermin-Fenced District " means a Vermin-Fenced District

under Part 111. of this Act:

vermin tenoe, Vermin fence " means-

V. D. Amendment (a ) A substantial fence such as is shown and described in

Aot, 1900, m. 3. the Fifth Schedule hereto; or

- (b) Any other substantial vermin fence approved of by the

Commissioner in writing.

Repeal. 6, (1) The Acts mentioned in the First Schedule to this Act are

hereby repealed to the extent therein mentioned.

(2) Such

5' EDWARDI V, No. gag

The Vermin A c t 1 905.

(2) Such yepeal shall not affect any right accrued, any liability, forfeiture, or penalty incurred, any offence committed, or anything done or omitted to be done before the passing of this Act, nor any legal proceedings commenced or hereafter to be commenced with respect to such right, liability, forfeiture, penalty, offence, or thing. PART r.

PART 11.

VERMIN DESTRUCTION.

6. This Part of this Act is divided as follows :- Divisions of Part XI.

DIVISCON 1.- Government Inspectors:

DIVISION I I.--Destruction on Crown Lands:

L ~ V I S I O N 111.-Powers and Duties of Councils and Vermin

Boards:

DIVISION IV.-Destruction by Owners and Occupiers.

DIVISION r.-GOVERNMENT INSPECTORS. DIVIB~ON 1.

7. (1) The Commissioner may appoint such inspectors, sub- Commis~loner may

inspectors, and other officers as he may think necessary for the appoint officers. Rabbit 8. Act, 1879

efficient working of this Act, and may remove any person so ,	,	.
appointed.

(2) The Commissioner and every such inspector, sub-inspector. and other officer may, by writing under his hand, authorise such other person or persons as he may deem necessary to carry or assist to carry this Act into effecf.

8. The following provisions shall apply with respect to the Destructionof vermin

drbstruction of vermin upon Crown lands-- on within Crown Districts. lands

(1) Every District Council may, by resolution, declare anv Crown New.

lands within its boundaries, but which are not within a

Vermin-Fenced Llistrict, to be vermin infested:

('L) Where all Crown lands within the District are not declared

vermin infested, such resolution shall specify the Crown

lands to which it refers:

(3) A copy of such resolution shall be forwarded to the Commis- sioner, who, if satisfied that the lands therein specified are I ermin infested, shall Eorthwith l~ublish -in the Gazette a notice declaring auch lands to be vermin infested, and if satisfied that such lands are not vermin infested shall notify the Council to that effect:

(4) When any Crown lands have been declared vermin infested under subsection (3) of this section, the Council may declare a rate to be approved by the Commissioner; but not to exceed One Pound per square mile or fractional part of a square mile, or such other additional sum as may be recommended by the Surveyor-Geneid, and approved by the Commissioner, of auch lands per annum

which,

5" EDWARDI VII, No. 905.

The Vermin Act.-1905.

which amount shall be paid by the Commissioner to the Council, and expended by it in and upon the destruction of the vermin on such lands:

(5) At the end of each year the Council shall forward to the Commissioner a statement as to the actual expenditure for vermin destruction on Crown lands within the District. Such statement shall be certified as correct by the chairman and clerk:

(6) If the amount expended by the Council is less than the amount of rates paid by the Commissioner, the Council shall forthwith refund the difference to the Commissioner:

(7) The Commissioner may at any time fence any such vermin- infested Crown lands with a rabbit-proof fence, and such lands shall upon the completion of such fence, and if maintained in an effective condition, cease to be liable to be rated under subsection (4) hereof:

(8) Where the Commissioner does not approve any rate declared

pursuant to subsection (4) hereof, he shall forthwith take

all necessary and proper steps for the destruction of vermit~

upon such lands.

Limit o f l i. ~ i t ~ for 9. Except as provided by section 8 hereof, the Crown shall

dmmctiOnOf

by the Crown. Vermin be under no liability for the destruction of vermin upon Crown

New. lands.

Bmds, C O I I ~ O ~ ~ ~ 10. (1) 911 Boards, Municipal Corporations, District Councils,

and council^ todestroy

vermin ontheirlaod. and corporate bodies in whom any land is vested, or who have

the control of any land, shall, at their own expense, destroy

W. a.	all vermin on the land vested in them respectively, or under their (2) Municipal Corporations and District Councils may expend any
v.D- Amendment	control, not being main or district roads.

Act, 1896, sec. 3.

portion of their rates in complying with the provisions of this section.

Coumih and Vermin

Boards to enforce 11, All L.istrict Councils, Vermin Boards, and Associated Boards

destruotion of proclaimed under section 13 hereof shall, within their respective territorial limits (but subject to section 12 hereof), strictly enforce the provisions of this part of this Act as to the destruction of vermin.

bndn within Di~t~tliut 12. (1) Where the whole of the area of a District Council is

Councile and Vermin

Districts.	within a Vermin-Fenced District under this Act, the provisions in this part of this Act contained shall be carried out and enforced by the Vermin Board of such Vermin-Fenced District.
(2) Where portion only of the area of a District Council is within a Vermin-Fenced District, such provisions shall be carried out and enforced-

(a) As regards the portion of such area which is within such Vermin-Fenced District, by the Board of such District:

( b ) As regards the portion of such area which is not within such

Vermin-Fenced District, by the Distiict Council.

13. (1) Any

5 O EDWARDI VII, No. go5. 7

The Vermin Act. - 1905.

13, (1) Any two or more contiguous District Councils may, for PART 11.

the purpose of more effectively carrying out the provisions for the D'v1sto*

suppression of vermin herein contained, each nominate annually one Vermin Councils Roards. form

of their members as a member of a Board to be called ;m Associated	V.D. Amendment
District Councils Vermin Board.	Act, 1895, two. 8.
(2) The members so nominated hall (unless they cease to be members of the Council by which they were nominated, or resign their seats on the Board) continue in office for one year from the date of the proclamation of such Board.
(3) The Governor may by Proclamation declare the formation of any such Associated District Councils Vermin Board, the names and residences of the members thereof, and the boundaries and limits of District Councils under their control.
(4) All Associated District Councils Vermin Boards declared under section 8 of "The Vermin Districts Act Amendment Act, 1895," and in existence at the time of the passing of this Act, shall be Associated Boards under this Act.

duly prod 1 aimed, all the powers by this Act given to District Coun- Boarda. 14. (1 When any such Associated Board is so nominated and Powerof .\wwiatd

cils relating to the destruction of vcrmin within the boundaries of ~	~	-	&	~	~	~	~
District Councils shall be vested in such Board.
(2) Such Board may engage an inspector or inspectors and ex- pend such moneys as may be appropriated from its rates by each of the Associated Ilistrict Councils for the purposes of such Board, and generally undertake such duties and exercise such powers and rights as are conferred by District Councils under this L4ct.

(3) Contributions by all Associated District Coi~ncils towards the

expenditure incurred by such Boml shall be made pro ~ a t a	accorti-
ing to the assessment of such Councils.

15. The seat upon such Board of a member who ceases to be Reai ation of

a member of the District Council by which he was nominated, or BMrd. memgr of Vermin

resigns, shall thereon be declared to be vacated, and a new nomina- V.D.

tion by such District Council shall be made. A C ~, 1896, W 10.

years only from the date of the proclamation of such Board, unless Boards. 16, Each Associated Board shall continue in existence for three Continuation of

the ~ o v & n o r by Proclamation declares that such Board shall be V.D.

continued for a further period from time to time, in which case a Act, 1895, sec. 10.

fresh nomination of mimbers shall take place' as hereinbefore -

provided.	Part VI , Diatriut
Couuoilils Aat,

17. The meetings of such Boards shall, so far as the same are applicable to

applicable thereto, be regulated by the provisions of Part VI. of ~ssociated Boards. V. D. Amendment

The District Councils Act, 1887." A&, 1896, WO 11.

18. (1) If a District Council, Vermin Board, or Associated Board Penalty for failure to

fails to strictly enforce within its 1)istrict the provisions of this Act destruction.	enforce vermin
as to the destruction of vermin, any six ratepayers of' such District Council, Vermin Board, or Associated Board, or any adjoining District Council, Vermin Board, or Associated Board may give notice in writing of such default to the Commissioner.

(2)

- 5" EDWARDI VII, No. 905.

The 'C7ermifi A c t. 1 9 0 5.

PART 11.

T1l. (2) 'I'he Commissioner shall immediately cause an inspection to be

: made of the District in respect of which the notice was given by

V. Amendment~ct, a Government inspector, and by the chairman and the vermin	1E93, sec. 7, and
v, am,b,, inspector of the complaining District Council, Associated Board, or
1898, W. 3. Vermin Board.

(8) Such Government inspector shall, after making such inspec. tion, report to the Commissioner.

(4) The Commissioner may, if satisfied that the complaint was

well founded, give one month's notice to the District Council,

Associated Board, or Vermin Board to strictly enforce such laws.

(5) A District Council, Associated Board, or Vermin Board failing to comply with such notice shall be liable to a penalty of not less than Five Pounds nor more than Twenty Pounds for a first offence, and not less than Twenty Pounds nor more than Fifty Pounds for a second or subsequent offence, to be paid to the 'l'reasurer for the general purposes of the State.

Diatrict Councilamay 19, (1) A District Council may, in addition to the power con-

declare rate for

out ferred by subsection 2 of section 10 hereof, declare an annual rate

V. Amendment A C ~, of not exceeding Three Pence in the Pound on all ratable property

1896, me. 4. in the District for the purpose of providillg funds to carry out the

V.D. Amendment Actt, purposes of this Act. 1898, eec. 1.

(2) Such rate mav be levied and recovered in the same manner as the general rate uhder " The District Councils Act, 1887."

(3) Land enclosed with a rabbit-proof fence, which in the opinion of the District Council is erected atid maintained in an effective manner, shall be exempt from such rate:

(4) Ratable property within the boundaries of any town shall be exempt from silch rate.

L)IVISI~N Iv, I)IVISION IV.-DESTRUCTION B Y OWNERS A N D O(.CUPIERS.

omem and occupiers	20, Every owner and every occupier of any land shall at all times, and a t his own cost and expense, destroy all vermin upon such land, and upon the half width of all roads adjoining the same.
to deatroy vermin.

Vermin months 21, (1) I n order to better provide for the simultaneous destruc-

declared. tion of vermin the Commissioner, by notice in the Gnzette, shall, as

v.P.F-	l8909	regards each District Council, Vermin-Fenced District, and Asso-
rec. 36.
ciated Board, and may, as regards any other portion of the State to be specified in such notice, declare two periods of two months each in the )ear to be simultaneous vermin destruction months.

(2) Every District Council, Vermin Board, and Associated Board

mny make a recommendation to the Commissioner as to the months be chosen, which re, ommendation the Commissioner shall consider,

but shall not be bound to act upon.

(3) The Commissioner at any time may, by notice in the Gazette,

alter such months.

(4) During the months so declared the destruction of vermin shall be siinultaneously proceeded with,

(5) Nothing in this section shall be construed to imply that the

destruction of vermin shall not be proceeded with and enforced

during

EbWARDl VII, No. go5. -

--

The V m i n Act.-1905.

PART 11-

during the remainder of the year, or that a notice under section 23

hereof may not be given during such simultaneous vermin destruc-	DIVIBION	W.
tion months.

22. Every authorised person may, with or without assistants- Power to enterland and search for vermin

( a ) Enter any land, or any Crown lands, at any time; Rabbit S. A C ~, 1879,

( b ) Search whether any vermin are to be found upon such land; 'ec.

and

( c ) Remain upon such land for such time as may be reasonably necessary for the purposes of such search.

23. ( 1 ) Where an authorised person finds vermin upon any Notice occupier toowner to destroy or

lands he may, by notice in writing require the owner or occupier

of such land to forthwith destroy all vermin upon such land, and Act, LR,9,

upon the half width of all roads adjoining the same. sec. 10

(2) Such notice may be in the form No. 1 in the Second Schedule

hereto.

24. ( 1 ) The owner or occupier of any land who does not- Penalties for not destroying vermin

(a ) Within fourteen days after the service upon him of a notice ~ ~ ~ ~ ~ t, O ' C ~ ~ ~ n g

under section 23 hereof; or	L	months.
See V.P.F. Act, 1890,

( b ) During each of the two periods declared under section 21 , ,,, .

hereof to be simultaneous vermin destruction months for act, 1894, aec. Y.

the District, Vermin-Fenced District, Associated Board, or

other portion of the State, in which such land is situate:

take all necessary, sufficient, and proper steps for the destruction of vermin npon such land, shall be liable to a penalty for a first offence under this section of not more than Five Pounds, and for the second and every subsequent offence of not more than Twenty Pounds.

(2) No information under this section shall be laid except by an authorised person.

forms No. 2 and No. 3 in the Second Schedule to this Act, and when (3) Informations for penalties under this section may be in the so laid shall not be questioned for want of form.

25. (1) Where an owner or occupier is charged with an offence Onus of proof.

under section 24, the averments contained in the information shall , be deemed to be proved in the absence of proof to the contrary,	,	,	v	,
(2) Where an owner or occupier is charged under section 24 here- of with not taking all necessary, sufficient, and proper steps for the destruction of vermin upon his land within fourteen days after service of a notice upon him under section 23 hereof, the averments contained in the information shall be deemed conclusively proved upon proof on behalf of the informant of the presence of vermin upon such land-

(a) Where such land is within the boundaries of a District Couu-

cil or Associated Board and is not within the boundaries

of a Vermin-Fenced District, at any time after two months

from the expiration of G U C ~ notice: (b ) W here

5" EDWAKDl VII, No. goS.

The Vermin Act.-1905,

P A R T 11. ( b ) W here such land is outside the boundaries of a IXstrict Coun- cil, or Associated Board, or being within such boundaries is also within a Vermin-Fenced District, at any time after the expiration of three months from the expiration of such notice:

Drvlslon IY.

Provided that if in the opinion of the Court the said owner or occupier so charged has taken all such steps as it may deem to be reasonable and possible to destroy the vermin thereon, the Court, notwithstanding anything to the contrary in this Act contained, may dismiss any information against such owner or occupier; but this proviso shall not apply where the lands in respect of which such owner or occupier is so charged are within the boundaries of a District Council or Hundred: And provided also that no information in respect of land within a District Council shall be laid without a resolution of the Council passed at a meeting held not less than fourteen days after notice has been given to the person to be charged.

Powers of ofamre on 26, Where an owner or occupier neglects or fails to comply

failure or neglect of

with a notice, pursuant to section 23 hereof, an authorised person,

, mupiW.

Rabbit 8. A C ~, 1879, in addition to proceeding for, and notwithstanding the infliction of,

S~O. 12. a penalty under section 24 hereof, may-

( a ) Enter the land of such owner or occupier;

( b ) Use all such means, and take all such measures, and do and perform all and every such acts or things as to him may appear proper or necessary to be done to ensure the destruction of vermin upon the land and roads or parts of

roads mentioned in R U C ~ notice; and

(c) Remain upon, and shall have free right of ingress, egress, and

regress into, over, and across such land for such period as

may be necessary for destroying such vermin.

Owner or wcupier

not commencing and 27, For the purposes of section 26 hereof, an owner or occupier

continuing to comply of land who- to be in default. ( a ) Does not forthwith after the service upon him of such notice

Rabbit 8. Act, 1879,

m. 13. commence to comply therewith; or

( b ) Having so commenced, does not continue such compliance:

shall be deemed to have neglected or failed to comply with such

notice.

cost and expenme

recovereble from 28. (1) The cost and expense incurred by an authorised person

om,,occuPmL in acting under section 26 of this Act shall be a debt due by the

Babbit S. AC~., 1879, owner or occupier of such land to the appointors of such authorised

SW. 14.	person, and payable on demand.
(2) Until such cost and expense is paid by the owner or occupier liable to pay the same, the amount thereof shall be paid-

( a ) Where the land in respect of which such cost and expense is incurred is within the boundaries of a District Council, by the Council of such District out of the general revenue thereof:

( 6 ) Where such land is within the boundaries of a Vermin-Fenced

District, by the Board of such District out of the general

revenue thereof: (C) Where

5" EDWARDI VII, No. 905.

The Vermin Act.1906.

('C) Where such land is within the boundaries and limits under the PART 11.

control of an Associated Board, by such Board out of ite	Dxvrs~on IT.
general revenue:

id ) Where such land is outside the boundaries of District Councils

Associated Boards, and Vermin Districts, by the Treasurer out of' general revenue.

29. Every occupier of land alienated from the Crown who pays Distreaa not to be levied by lesaor whilet

the cost and expense of the destruction of vermin upon land held by hdebted to l-e

such occupier as lessee or tenant for a term having less than five under section 33.

years to run from the date of the entry by an authorised person Bebbit S. Art, 1 ~ 7 0,

upon such land under section 26 of this Act, shall, in the	17.
absence of a contract to the contrary, be entitled to be repaid by his lessor or landlord so much of the cost and expense so paid by him 8s would be payable for the difference between the term 01 five years and the time to run of his leave or tenancy upon the computation that the total sum paid was payable in respect of a five years' term or tenancy.

30. ( 1) No diktress shall be levied upon an occupier of land by Provisiom where land

his lessor or landlord for rent due by such occupier, whilst any ie"Occupied~

money remains payable by such lessor or landlord to such occupier

under section 29 of this Act, unless such rent exceeds the money

payable by such lessor or landlord as aforesaid, and then only for

the amount by which such rent exceeds the money so payable.

(2) No assignment by a lessor or landlord whilst any such money remains payable by him to such occupier shall defeat the right of the occupier to the payment of such money out of the rent of the land in respect of the destruction of vermin upon which the same shall be payable.

31, The following provisions shall apply where any land is L-or tenants

under five yeam to

unaccupied and no person is registered as the owner thereof :-	recover proportionate
part from leaeor or

(1) An authorised person may exercise all or any of the powers imaod.

conferred by section 26 hereof without serving a notice h b b i t 8. acC 187%

under section 23 hereof: SW. 16.

(2) Proceedings may be taken for the recovery of the cost and expense of destroying vermin on such land, in manner as in this part of this Act provided, but without sending the notice required to be sent by section 32 hereof.

32. (1) Where the amount due and payable to a District Notioe m y be given

when cost of deatruh

c!ouncil, Associated Board. or Vermin Board, or to the Commissioner ,ion	for ,h,
for the cost and expense of destroying vermin on any land is unpaid m a n b.

for three months, such Council, Associated Board, Vermin Board, or h a b i t 8. A C ~, 1879,

Commissioner may send to the registered ownei of such land a notice 'c.

18.

in the form No. 4 of the Second Schedule hereto, or in a form to

the like effect.

(2) Such notice shall also be published three times in the Gazette.

5" EDWARDI VII, No. 905.

I n e Vemin Act.-1905.

PART 11. 33, All notices under section 32 shall be sent by post to the

r)1v16r0N IV- registered owner of the land, or to his agent or attorney, in case there

Notices, how a m t. shall be any such attorney or agent resident in the State known to

Rabbit 8. A C ~,	1879, the Council, Board, or Commissioner giving such notice.
sec. 19.

Land may b l e t f o r	34. If	after one month from the publication of	the last of the
payment of coat of

destruction. said notices the amount, or any portion thcreof, mentioned therein

s. L8,8, as being due and payabie by an bwner or occupier remains unpaid, the District Council, Associated Board, Vermin Board, or Commis- sioner, as the case may be, may let the land mentioned in such notice, or any part thkreof, for a year, and so on from year to year, until all claims made payable nnder this Act are paid and discharged, atld may receive and retain the rents, and apply the same in payment ot all costs of and attending such notices, advertisements, and letting, and. in the next place, in and towards the payment of the cost and expense of the destruction and sup- pression of vermin on the land mentioned in such notices and advertisements, including as well the cost and expense incurred at the time of the first publication of the said notices and advertise- ments as any cost and expense incurred either in the destruction and suppression of vermin on the said land up to the time of such letting, or in any way whatsoever connected with non-payment of the amount at any time recoverable by the District Council, Associated Board, Vermin Board, or Commissioner, or for any act done or performed under the provisions hereof, until the owner or occupier~shall pay and discharge the same,' and shall hold any surplus of rent for the owner of the land.

RC. 20.

Land be sold for

payment of coat of 35. (1) Instead of letting such land under section 34 hereof,

destruction. the District Council, Associated Board, Vermin Board, or Commis-

Nabbit Act, Isis, sioner, as the case may be, may apply by petition to the Supreme

sec. 21. Court for a sale of all or any part of such land.

2) Such petition shall not, where the owner or occupier is

of the last of such notices and advertisements as aforesaid.	un k nown, be presented until after one month from the publication
(3) Such petition shall not, where the owner or occupier is known, be presented until after the expiration of six months from the publi- catioli of the last of such notices or advertisements as aforesaid, and. service of a copy thereof or to the like effect upon such owner or occupier, or his authorised or generally recognised agent in South Australia, by delivering the same at* or posting i t directed to such owner, occupier, or agent, at his last known place of abode in the said State.
(4) 'The Court, on being satisfied by affidavit or otheiwise that the moneys mentioned in such notice are lawfully due, and were owing at the time of the first publication of such noiice, and that all things required by this Act to be done have been done, may make an absolute order in the first instance, or may grant a rule, calling upon the owner or occupier, if known, or to all whom it may concern, if

the

5' EDWARDI VII, No. 9 5.

The Vermin A c t. 1 9 0 5,

PART 11.

the owner or occupier is unknown, to show cause why an order DIVI~ION IV.

should not be made for the sale by public auction of the land corn-	-Cltb
prised in such petition, or so much thereof as may be sufficient to

(a) The cost and expense incurred at the time of the first publi-

cation of the notice:

( b ) The cost and expense incurred in the destruction of vermin on

the land up to the time of the application for sale:

(c) All costs and exprnses of and attending the notice, the iippli-

cation, imd the sale:

( d ) All otl~er costs, charges, and expenses for any act done or

performed by the petitioners, or by their authority, for

carrying out the provisioils of this part of this Act.

(5) Unless good cause is shown to the contrary within the time fixed by such rule, the Court shall order--

(a) l 'he sale of the land in manner aforeslid;

(6) Payment out of the proceeds of such sale of the said costs, charges, and expenses iu preference to any mortgage or

other security on such land; and ,

(c) That a conveyance, or if the property be under the provisions of the Real Property Act of 1886, or any Act amending the same, a memorandum of transfer (which the Registrar- General is hereby directed to register) be executed by the Master of the Court in a form to be approved by a Judge.

(6) Such conveyance, or the registmtion of such memorandum of transfer, as the case may be, shall vest an indefeasible estate in fee simple in the said land in the purchaser, his heirs and assigns, free from all encumbrances.

(7) The balance arising from the proceeds of such sale shall remain and be subject to any future or other order of the Court for

the behoof of the persons interested therein.

36, Where different lands belonging to different owners are DBerent i anb may

included in any such notice, the same may be included in one ptition. be included in one

petition for sale, and the Court may make such orders as to the Rsbbit

Act,

npportionment cf the costs and expenses in respect of the sale of m. 22.

such lands, or any part thereof, as may be deemed just.

37. (1) Where any money payable under this part of this Act o h ~ + a s ~ i e a.

by any owner or occupier to a District Council, Associated Board, hbbit 8.

L879,

remains due and unpaid for the space of one calendar month after

notice in writing to pay the same shall have been given to such

owner or occupier, any person by such Council, Board, Associated

or Vermin Boqrd, or to the Commissioner, as the case may be, m. 33. after, so long as any money remains so unpaid, without any warrant, enter upon any land of such owner or occupier, and clistrain the goods, chattels, and effects found thereon for the amount remaining due and unpaid (2) If

5" EDWARDI VII, No. 905.

The Vermin Act. - 190 5.

PART 1 1. ('L)

If the amount for which such distraint is levied, together with within five days after such levy, then the said distress, or so much thereof as shall be sufficient to pay the amount remaining unpaid find costs, may be sold.

D1vlsloR

all reasonable costs of such notice, entry, and distraint, be not paid

(3) Any surplus remaining aRer payment of such amount and

costs, and costs of and incidental to the sale, shall be returned to the

owner of the goods, chattels, and effects distrained.

0 wner or occu ier 38, Nothing in this part of this Act contained shall be con-

not bound to c ear	P	or	strued to render it the duty of an owner or occupier to destroy
,,,,E,
t m t reaerve.	vermin upon a travelling stock road or forest reserve which shall be

Rabbit 8. A C ~, 11.79, within the boundaries of or adjoining the land of such owner or

WC. 27.

occupier, nor to destroy rabbits kept by him in cages or similar

enclosures.

No mnactingbond 39. No authorised person shall be deemed a trespasser, or be

#&Fable for damage. liable for any damage occasioned by him in the exercise of the

1879* powers, discretions, and authorities, or any of them, by this par1 of this Act conferred upon him, unless such damage is occasioned by or under the authority of such person wilfully and without necessity.

B.bbit

W. 28

PART 111.

VERMIN-FENCE0 DISTRIC'L'S.

Divisions of this part	40, This part of	this Act is divided as follows :-
of A C ~.

DIVISION ~.-Constitution of Vermin-Fenced Districts

and Boards:

D~VISION 11,Members of Boards:

DIVISION IV.-Elections :

L)] vrsr ON F .-Meetings of the Board:

D ~ V I S I O N	VI.-Contractsand Works:
DIVI~IOX	vr I.-Revenue and Expenditure: .

DIVISION ~111.-Making and Recovery of Rates:

DIVISION X.-Officers of the District:

DIVISION XI .-By-Laws and Regulations:

1)rvls ION xrr .-Differences between Boards.

Vermin Diatrictr

ander rrpded Acts. 41, The heretofore existing Vermin Districts, of which the

names and ratable area are, together with the respective dates of the proclamation thereof, set out in the Third Schedule hereto, and any other Districts that may be proclaimed before the passing of this Act, are hereby constituted Vermin-Fenced Districts under this Act, and the following provisions shall apply :-

-, (a) The

5" EDWARDI VII, No. go^.

The Vermin A c t. 1 9 0 6. --

(a) The persons who at the time of the passing of this Act con- stitutci the respective Vermin Boards for such Vermin L)istricts shall, until the first annual election held under this -4ct. be and constitute the respective Boards for such Vermin-Fenced Districts: Provided. that any vacancies in any such Board existing at the time of the passing of this Act may be filled by such Board:	PAW m.
D ~ v ~ s i o x I.
( b ) The chairmen and auditors of such heretofore existing Dis- tricts shall, until such election, be the chairmen and auditors for the Districts hereby constituted respectively:
(c) All property, rights, and liabilities, and all matters and things not otherwise provided for, vested, possessed, or incurred or made or done in, by, or on behalf of such heretofore existing Districts respectively shall vest in, be attached to,

and be deemed to have been made or done by or on behalf

of the Districts hereby constituted respectively:

(d) No action or proceeding by or against any such heretofore existing District shall be affected or abated:

(e) After the conclusion of the first annual election under this Act the number of members of every such Board shall be four, of whom one shall be a G~vernment~officer who shall hold office during the pleasure of the Governor, and shall not be subject to retirement by effluxion of time, and the remain- ing three shall, where possible, be ratepayers or resident representatives of ratepayers.

42, (1) The Governor, by Proclamation, may-	proclaim new Vermin
t+overnor may

D i 8 ~ c U.

(a) Upon the petition of the holders representing one-half of

the ratable property, exclusive of unoccupied Crown lands, v.D. Acts 18949	sec. 17.
within the boundaries of such proposed area, declare any lands not within the boundaries of a Municipal Corpora- tion, and not already a Vermin-Fenced District hereunder. to be a vermin-~e6ced District for the purposes of this

Act:

thereof:

( b ) Assign a name to such District and fix the boundaries

(c) Cause any lands to cease to be a Vermin-Fenced District or portion of a Vermin-Fenced District:

(d) Vary the boundaries of a District.

(2) A plan of a proposed District or alteration of a District

ahall-

(a ) Be laid before Parliament and be approved by resolution of both Houses of the Legislature; and

( b ) Show the proposed boundaries and the amount of freehold, leased, and unleased lands within the same.

(3) No owner holding less than a quarter of a square mile of land V.P. Penoing

within such proposed area shall be entitled to take any part in 180,,lso. -4mepdment Act,

relation to the formation of a District, 43, The

EDWARDI VII, No. gog.

The Verrni~ A c t. 1 9 0 5.

48. The Governor may, by Proclamation-

I)~visrole I.

Alteration of (a) I n case a Board has erected a vermin fence outside the boun-

daries of the District; or

bounderha.

V.D. Amendment ( b ) I n case it is impracticable or would be very difficult to erect a extend the boundaries of the District so as to include the fence already erected, or to include the land on which it is proposed that the fence should be erected; and,

Aat, 1900, sec. 13. vermin fence on the boundaries of the I)istiict;

(c) I n case portion of the District is situate outside of the vermin fence erected by the Board,

sever such outside portion from such District.

Apportionment of 44, The Governor may, by Proclamation, make any apportion-

property and adjust-

ment of rights.	ment of property or adjustment of rights and liabilities as between
V.D. Act, 1894,	two or more Districts, which is rendered necessary or expedient
rec. 16.	owing to the alteration of the boundaries of any District or Districts.
fenm already

Contribution for 45. (1) Where any portion of the boundaries of a District

hereafter declared under this part of this Act consists of portion of the

erected.

V.D. Act, 1894,	vermin fence of any other Ilistrict constituted or previously declared
m. 19.	hereunder, the following provisions shall apply :-

( a ) The Board of such new District shall pay to the Board of such previously dechred District one-half of the then value of such portion of such fence:

( b ) The amount so to be paid, uuless agreed upon by the two Boards, within three months after notice given in writing by either Board to the other requiring that such amount shall be fixed, shall be fixcd by the Commissioner by order published in the Gazette :

(c) The amount eo agreed or fixed may be paid in twenty equal yearly instalments, together with simple interest on the balance for the time being remaining unpaid at the rate of

Four Pounds per ceutum per annum:

( d ) The first of such instalments shall be paid within twelve months from the date when the amount to be paid is agreed upon or fixed as aforesaid; and one of such instal- ments shall be paid in each year thereafter until the whole amount is paid.

(2) Where any portion of the boundaries of a District hereafter declared under this part of this Act consists cf portion of a vermin- proof or other fence, the property of a lesser, the Board shall pay

to such lessee one-half the value of such fence at the time when

the District was declared, such price to be fixed by mutual agree- ment, or, failing that, by arbitration pursuant to the " Arbitration

Act, 1891."

Suspension or aboli- 46, The Governor may, by Yroclamation, suspend the powers

tion of Boards. and functions of a Board for such time us he may think proper, or

V.D. Ameadment

Act, 1900, MW. 20. may abolish a Board if it shall appear to him that such Board-

(a) Refusea

5" EDWARDI VII, No. 905.

The Vermin Bc t. 1905.

(a) Refuses or neglects to perform the duties and functions im- posed and conferred upon such Board by this Act; or	PART 111-
DIVISION I.
( b ) Refuses or neglects to declare or levy any rates which such

Board should declare or levy; or

(c) Makes default in the due payment of an instalment of prin- cipal and interest due on a loan; or

( d ) Has misappropriated or has appropriated for any purpose not

contemplated by this Act any of the moneys at the disposal

of the Board, or any part of the revenue of the Board.

47. When the powers and functions of a Board are suspended, ~ t f e c t of abolition

or the Board is abolished. the Governor mav. bv Proclamation. and suspension. l ' . d

authorise the Commissioner to exercise all the powers, authorities, ~ - - l ~ ~ e ~ ~ .

functions, and duties of the Board so suspended or abolished during "

the suspehsion of the Board, or until a &W Board is appointed.

48. All property, real and personal, and all powers, authorities, Property, &C., to W&

immunities, rights, privileges, functions, obligations, and duties incommhiOner.

vested in or imposed-on the Board by any means whatsoever shall, ~i~-l~;p~;~;\.

by force of this Act, be transferred to and vested in the Com-

iissioner while the powers and functions of the Board are suspended,

or upon the abolition of the Hoard.

49. The following provisions shall apply when a Vermin- Veeting of proper9 on extinction of

Fenced District ceases to be a Vermin-Fenced District :- Board.

I. The Roard of such District shall be deemed to be abolished: V.P.F. Amendment

11. The fence erected or purchased by the Board shall become Act, 1897, sec. 7.

the property of the lessee on whose land such fences, or portions of fences, are erected upon payment by each lessee to the Crown of the then value of the portion of such fences on the land of such lessee, less the amount paid by such lessee to the Board on account of the coat thereof:

111. The moneys so paid to the Crown by such lessees shall, after

deducting proper expenses of collection, be divided amongst

during the year prior to the abolition of the Board, pro

the persons who were ratepayers within the District

rata to the number of square miles of land held by them

respectively within the District.

50, The following provisions shall apply upon the constitution Appointment of.

of a new District under section 42 :--	Boardn and au&tors.
V.D. Act, t894,

(a) The Governor shall appoint four persons to be the Vermin ,,,. 20.

Board for such District:

V.D. Amendment

Act 1897, sec. 4, and

( c ) Where possible, all other members of the Board shall be rate- Act, 1900, m. 16. (b ) One of such members shall be a Government officer: V. d. Amendment

payers, or representatives of such ratepayers, within the

District:

(d) The Governor may also appoint one of such members to be

chairman of the Board:

( e ) He may also appoint two auditors: (f) such

5' EDWARDI VII, No. 905.

13r.e Vermin Act.-1905.

(f) Such Government officer shall hold office during the pleasure of the Governor, and shall not be subject to retirement by effluxion of time:

(g) Such other members of the Board and the auditors shall

retain office until after the first annual election after the

constitution of the District:

( h ) Such Board shall have and exercise all the powers, duties, and functions of a Vermin Board, as hereinafter provided.

Extraordinary

vaoanciea in Board 61. (1) Any extraordinary vacancy in a Board (except in the

V.D. Act, 1894,

case of a member who is a Government officer) shall be filled by the

em. 21.

appointment by the Boarcl of a member in the place of the member

whose seat has become vacant.

(2) The member so appointed shall hold office until after the first annual election after his appointment.

Non-ratepayere

may be appointad 52. I n the event of there being only three ratepayers in a

upon Board.	Vermin-Fenced District, and one of them resigns his position as a member of the Board, the Governor may appoint a non-ratepayer to act upon such Board.
Board to be corporste

MY- 53. (1) Every Vermin Board for a District which is-

( a ) Constituted by section 41 of this Act, or

V.D. Act, 1894,

me. 22. ( b ) Hereafter constituted by the Governor under section 42 of

this Act,

shall be a body corporate under the title of The Vermin Board of

the District of--- ," such blank being filled in with the name assigned to the District in the Third Schedule hereto, or, in the case of Districts hereafter constituted, with the name assigned by the Governor in the Proclamation constituting the same.

(2) Every such body corporate shall have perpetual succession and a common seal, and shall by such name be capable in law of

and suffer. suing and being sued, and of doing and suffering, subject to this Act, all other acts and things as bodies corporate may by law do (3) The corporate name of the Board shall be part of the seal of the Board.

(4) Such seal shall be kept at the District office.

54. (1) Every male ratepayer of the District, and every person

~ u u e a t i o n of

membereof Bmrh. who is a resident re~reeentative of a ratepayer, if nominated bv .

V.D. A O ~,	m 4.	writing under the saih ratepayer's hand, wh'en he has attained t<e
erc. 23.	age of eighteen years, and any officer of or a shareholder in a company which is a ratepayer of the District, is qualified to be and continue to be a member of a Board, unless he-

(a ) I s an uncertificated insolvent .

( b ) Holds the office of treasurer or a place of profit in the gift of

the Board: (c) Directly

5" EDWARDI VII, No. 905.

The Vermin Act.- 1905.

(c) Directly or indirectly participates or is interested in a contract, except for advertisements and printing, with or without employment under the Board. DIVISION 11.

(2) No person shall be disqualified from being or continuing a member of a Board by reason of the receipt by him of travelling expenses incurred in pursuance of and paid under the authority of a resolution of the Board.

W vacanay

55. The following acts and events shall cauee s vacancy in the office of member of a Board :- occasioned.

V.D. Act, 1894,

( G ) Death or lunacy:	sec. 24.
( b ) Insolvency, or the execution by the member of a statutory deed of assignment for the benefit of his creditors, or com- pounding with his creditors for less than 'l'wenty Shillings

i n the Pound:

(c) The conviction of the member of felony:

(d) Absence from the State, without leave of the Board, during the holding of three consecutive ordinary meetings, or failure to attend the meetings of the Board for three con- secutive ordinary meetings without sufficient cause, and followed, in either case, by a resolution passed by the Board within three weeks after the last of such three con- secutive ordinary meetings, declaring the office vacant, which resolution the Board may pass, but are not bound to pass:

( e ) Any disqualification, and notice thereof by the disqualified

person or some person on his behalf, posted or delivered to the chairman, or, if there be no chairman, to the Com- missioner:

(,f) Resignation, by notice posted or delivered as aforesaid:

(g) Retirement by rotation, as provided by this Act:

( h ) The judgment or order of any duly authorised Court or

Justices declaring the office vacant.

56, At the conclusion of the first annual election after the Retirementof mem-

passing of this Act, and at the conclusion of the first annual election bere of new Boar&. V.D. Act, 1894,

after the constitution of a new District under section 42 hereof, all , ,,. . ,

the members of the Board (except any member who is a Government	l
officer) shall retire.

57. At the conclusion of every subsequent annual election the ~ t & f ~ ~ ~ ~ m e m -

following provisions shall apply: V.D. Act, 1894,

(a) One of the members (excluding any member who is a Govern- aeo. 25.

ment officer) shall retire:

( 6 ) The member to retire shall be the member (if any) who holds

office by appointment of the Board, or that member who

has

a0 50 EDWARDI VII, NO. 905.

The Vermin Act .1906.

PART 111. has been longest in office without re-election, and, when

DIVISION xi. the member to retire cannot thus be fixed, lots shall be drawn between those who have been an equal time in office without re-election to decide which of them shall retire, and the retirement shall take place accordingly:

to nw (C) The chairman shall in no case be required to draw lots; but the other member or members with whom it would be necessaiy, but for his position as chairman, that he should draw lots, shall retire, or draw lots between them without the chairman, to decide which of them shall retire.

lots.

V.D. Act, eec.26.

Lots to be before	58. All drawing of lots by members of	a Board to decide retire-
notice of nomination.

ments shall be had before the publication of the notice, hereinafter

eec. 28.

required, appointing the time for the election of members of the

Board.

On fail- of membem 59, If the members of a Board fail to draw lots to decide

to draw lots, ehair-	or J, , ~ ~ ~, retirements within the time prescribed by section 58, the chairman,
m.	wumr9 may do or a Justice resident in the District, on the request, in writing, of a

member of the Board, or of three ratepayers, shall, in the presence

v.D. 1894,

sec. 29.	of three or more ratepayers, draw lots and decide which of the members of the Board shall retire, and shall thereupon declare and give public notice under his hand of the names of the members who i re t6 retire, and they shall retire accordingly.
RetjriwmemberOofs

Board to bold oflice 60. Members of a Board required to retire shall go out of office,

until euccessore	but shall be deemed to hold office until their successors are appointed
appointed.
V.D. Act, 1894,	or elected.

Vacancies existing at 61. ( 1) When, at the time of giving notice of the annual day

the annual election

meeting, how supplied. of election, there are vacancies on any Board, and no more members

V.D. Act, 1894, are required to retire at the election meeting for that year than

mc. 30.	there are seats then vacant, there shall be no need for any retirement
election meeting. of members, but the vaca&ies so existing shall be filled & the annual (2) If any vacancy or vacancies shall exist at the time of giving
notice of any annual day of election, every member whose seat is so vacant shall be taken to be a person bound to retire at the annual election meeting; and every such vacancy shall be filled at the annual election meeting, and any other retirements shall be settled in manner herein provided.

Election of chairman. 62. (1) At the first meeting of a Board held after every annual

V.D. Aat, 1894,	election the members present shall elect a chairman from among
m. 31.	them.

Equality of voting. (2) If there shall be an equal number of votes for two or more

members the chairman shall be chosen by lot between those members

having the equality of votes.

omissi~~ to d ~ t. (3) The omission to elect a chairman shall not prevent the Board from making such appointment at a future meeting. (4) The

5" EDWAKDI VII, No. 9 5.

The Vermin Act .1905. PABT 111.

DIVISION IT.

(4) The chairman may resign his office at any time, and a vacancy in the office of chairman may be filled up at any meeting of the man. ation of

Board.

Retiring chairman

anit mekbers re-

63, A member of a Board or chairman retiring from or ceasing eligible.

to hold office, but duly qualified, shall be eligible for re-election.	V.D. A C ~,
eec. 32.

1894,

-p. Ihv~sron I 11.

D1 VISION III.-AuD~To RS.

64. The following provisions shall apply to Districts hereafter mection and retire-

constituted under section 42 hereof :-	ment of auditors.
V.D. Act, 1894,

(1) The auditors appointed by the Governor shall retire at the W. 33.

conclusion of the first annual election after the constitu-

tion of the Board:

(2) At the first annual election two auditors for the District shall

be proposed and elected by the ratepayers in like manner

as members of a Board are proposed and elected:

(3) At each subsequent annual election one auditor shall retire from office, and the auditor to retire shall be the one who has held office longest without re-election, and if both shali have so held office the same length of time, the auditor to retire shall be decided by lot to be drawn by the chairman before notice is given of the day for the elect,ion of candi- dates, and if the chairman shall so fail to draw lots, both auditors shall retire.

65. The provisione of subsection (3) of section 64 shall apply to Application WC. 64.

Districts constituted under section 4 1 hereof.

66. (1) The qualification and disqualifications for the office of Qualification of

auditor shall be the same as in the case of a member of a Board, auditors.

1894

except that an auditor need not be n ratepayer of the District, and v.D-

sec. 34.

that no member of the Board of a District shall be auditor for the

District.

(2) An auditor otherwise qualified to be a member of a Board may be elected a member, and shall thereupon cease to be auditor.

67. Any of the following acts and events shall cause a vacancy HOW vacancim may happen in the oface

in the office of auditor:- of auditor.

( a ) Death or lunacy:

V.D. A&, 1894,

8eC. 35.

( b ) Insolvency, or the execution by the auditor of a statutory deed I

of assignment for the benefit of his creditors, or compound- ing with his creditors for less than Twenty Shillings in the Pound:

(c) The conviction of the auditor of felony:

( d ) Absence from the State at the time at which a periodical

audit is appointed to be held, or non-attendance at an audit after fourteen days' notice shall have been given to the auditor of the time and place appointed for holding the same: (e) Election

5" EDWARDI VII, No. gag.

The Vermin A c t. 1 9 0 5.

PABT 111. ( e ) Election as a member of a Board: \ 1

l )rv~a~oa 111.

I

( f ) Resignation, by notice posted or delivered to the chairman, if

there be a chairman, and otherwise to the Commissioner:

(g) The judgment or order of a competent Court or Justices declaring the office vacant:

( h ) The being concerned, directly or indirectly, in a contract or

dealing with the Board other than his employment as

auditor.

68. (1 ) An extraordinary vacancy in the office of auditor may be

Extr8ord'"~

ciea in ofice of

auditor.	filled up by appointment by the Governor.
V.D. Act, 1894,
sec. 36.	(2) An auditor so appointed shall only hold office until the annual election next after his appointment.
(3) If only one of the auditors shall have been so appointed he shall be the auditor to retire under section 63, and the other shall continue in office unless he shall have acted as auditor continuously for the space of two years.

Auditing accounts. 69, (1) The auditors shall forthwith after the half-yearly balan-

V.D. A C ~,	1894,	cing of accounts, in accordance with this Act, audit the accounts of
e.ec. 37.	the Board for the half-year preceding the said half-yearly balance.
(2) The Board shall cause to be laid before such auditors the said accounts, together with proper vouchers, and all books, papers, and writings in the custody or power of the Board relating thereto.
(3) The said accounts, if found correct, shall be signed by the auditors in token of their allowance thereof.

Balance-sheet to be

advertised. 70, The Board shall publish the half-yearlv balance-sheet once

V.D. Act, 1844,	in one of the newspapers of the State and in the Gazette within one
sec. 38.	month after the auditors have certified the same.

Auditors may rsfuse

to allow persons to be 71, The auditors may refuse to allow any person to be present

pment,

at the audit of the accounts.

of accounts.

V.D. Aot, 1894,

see. 59.

DIVI~ION IV. DIVIBION IV.-ELECTIONS.

The District office. 72, The Board shall have a suitable office for transacting the

V.D. act, 1894,	business of the District, to be called the Vermin Board Office for
W. 40.	the District of

voters. 73. The following provisions shall apply to all elections of mem-

V.D. A C ~, 1894, bers of a Board or auditors-

WOE. 41 and 43, and

V.D. Amendment	( a ) As regards a District which is within the limits of a District Council, the Board for such District shall, not less than one month prior to any election, prepare an alphabetical list of ratepayers entitled to vote for the election of members of the
secs. 23 and 21.

Act, 1900,

Board

5" EDWARDI VII, No. gag.

The Vermin A c t. 1 9 0 5.

13oard for such District, with the number of votes to which PART 111.

DIVISION IV.

each ratepayer is entitled set opposite his name, and shall -

send a notice to each individual ratepayer showing the

number of votes to which he is entitled:

( b ) As regards a IXstrict which is not within the limits of a 'District Council, such list shall be prepared by the Com- missioner, and published in the Gazette not less than one month prior to any election:

(c) Each ratepayer shall be entitled to one vote for every fifty square miles, or fractional part of fifty square miles, of ratable property up to two hundred square miles, and one addi- tional vote for every two hundred square miles, or fractional part of two hundred square miles, over the first two hundred square miles:

( d ) The Surveyor-General shall, in writing, nominate a person to

vote in respect of ratable property belonging to the Crown:

( e ) Every ratepayer of the full age of eighteen years whose name

appears in such list of ratepayers may vote, provided his

rates have been duly paid pursuant to section 74:

( f ) I n case of joint tenancy or tenancy in common, one person

only shall vote, unless the land exceeds fifty square miles in area, and then one joint tenant, or tenant in common as aforesaid, may vote for each additional fifty square miles, or for any fractional part thereof, up to two hundred square miles, and one joint tenant or tenant in common may vote for each additional two hundred square miles, or fractional part of two hundred square miles, and joint tenants or tenants in common entitled to vote may vot,e in the order in which they tender t,heir votes until votes shall have been taken for the whole area:

(g) No owner holding less than a quarter of a square mile of v-p. Fencing Amendment Act, 1897,

land within the District shall be entitled to vote, sec. 9.

declared six months previously, and which shall then be payable by to voting. 74. (1) No ratepayer shall vote until he has paid all rates R&a to be psidprior

V.D.

SW. 42. ~ c t, 1894,

him in respect of the property for whish he claims to vote.

(2) Any ratepayer may object to a person attempting to vote if

such rates shall not have been paid.

(3) The secretary shall post a list of all ratepayers who owe any rates at every polling-place, but the non-posting of such list shall not invalidate the election.

76. The following provisions as to elections shall apply to all h"on8 to

electlone.

Districts :- V.D. Act, 1894,

(l) The Board shall, by notice published in the Gazette for four 75. ~ m ~ ~ ~ t ~ n d

consecutive weeks, appoint a time and place when and A C ~,	1900, sec. 17.
where written nominations for members and auditors shall
be received: (2) Such

5" EDWARDI VII, No. 905.

The V m i n Act .1905.

PABT 111. (2) Such notice and nominations may be in the forms No. 1

DXVI~ION IV.

and 2 in the Sixth Schedule hereto:

(3) The time appointed to receive nominations shall be not later

than six weeks after the annual meeting of the Board for

the current year:

(4) The place appointed shall be within the District:

(5) The Board shall appoint a returning officer, not being a

candidate, to preside at the nomination and election of

members of the Board and auditors:

(6) The returning officer shall attend at the time and place

appointed fbr receiving nominations, and shall cause such

nominations to be opened and read aloud:

(7 ) If no more persons are nominated as members of the Board or auditors, as the case may be, than are required to be elected, the returning officer shall forthwith declare such persons elected:

(8) If a greater number are nominated than are required, the proceedings shall be adjourned for not less than fourteen days nor more than twenty-eight days, when the votes of the ratepayers shall be taken:

(9) Ratepayers may vote in person or by proxy:

(10) Proxies shall be appointed in the form No. 3 in the Sixth

Schedule hereto:

(11) Proxies shall vote by signing a voting-paper in the form No. 4 of the Sixth Schedule hereto, and delivering the same to the returning officer a t the time appointed for voting, together with their appointment:

(12) Ratepayers voting in person shall sign a voting-paper and

(13) For the purpose of voting each ratepayer shall be entitled to hand same to the returning officer as aforesaid:	the number of votes prescribed by subsection ( c ) of
section 7 3 :

(14) I n case of equality of votes, the returning officer shall have n

casting-vote in addition to any votes he may have as a

ratepayer:

(15) The retnrning officer shall announce the result of such

voting, and shall forthwith certify the same to the Com-

missioner.

~ ~ u r e of eleotiona. 76, When an election shall wholly or in part fail to be made as

V.A. Amendment appointed in this Act, or such election, being made, shall afterwards

IQ.

become wholly or in part void, the Governor may appoint the

members or auditors of the Board required to be elected.

5' EDWARDI VII, No. cpg. 25

77. The Board shall, within forty-eight hours from the election to such person a notice informing him of PART

D I ~ I S I O N IY. --

of a person to an ofice in the District, cause to be delivered or posted

such election, and within ~ ~ ~ ~ e ~ f ~ l ~ $ ~ "

fourteen days of such election shall insert a notice thereof in the permu elected, and to	be	V.	D.	inserted	Act, 1894,	in Gazette.
Gazette.

sec. 48.

78. If the Board fails to proceed to an election for the space of E : ; : ; ; :

twenty-one days from the last day on which such election is required or special Magistmte

by this Act to be held, a Justice or Special Magistrate may, upon " hO1d"hchn-

the request in writing of three ratepayers of the District, do every V.D. Act, 1894,	sec. 49.
act required to be done for holding such election.

79. (1) NO meeting of the Board need be held within the Meetings ofvermin Board.

District.

V.F. Amendment Act

(2) The Board may, from time to time, fix the place where 1897, see. 6.

meetings shall be held, and may adjourn any meeting to any other

place.

80. (1) The Board shall appoint a male person of full age, Secretary to be appointed.

who is not a member of the Board or auditor, to be secretary to the	V.D.
0%. 60. A C ~, 1894,
Board.
(2) Any member of the Board, or other person appointed as hereinafter provided, may perform the duties of such secretary in his absence.

81. (1 The annual meeting of the Board shall be held at the The annual meeting

Vermin b oard Office, on such day and at such hour as the Board to be held.

shall determine.	V.D. A C ~,	1894,
sec. 61.
(2) As regards a Board constituted under section 41 hereof, such meeting shall be held in the month in which the annual meeting
be held in the twelfth month after the appointment of the Board,	was held prior to the passing of this Act. (3) As regards a Board h e a f t e r constituted, such meeting shall	and thereafter in the twelfth month of every succeeding year.

82. Ordinary meetings of the Board shall be held at such Ordinavmeetiw.

times, not being less than one in each quarter, as the Board shall V.D. act, 1894,

determine.

sec. 62.

Bpecial meetings.

83, Special meetings may be held at any time.	V.D. Act, 1894,
aec. 62.

84. Any meeting may be adjourned to any time, and business Adjournment.

required to be done at an annual or ordinary meeting may be done V.D. act, m c,

at a special meeting. sec. 62.

86. (1) The chairman may call a special meeting at any time, s ~ c a m m t i w

and on the requisition, in writing, of three members of the Board, V.D. A C ~, 1894,

he shall call such meeting. (2 ) If MO. 63.

D-906

26 5 O EDWARDI VII, No. 905.

The Vermin Act.-1905.

PABT 111. (2) If the chairman refuses, or for two clear days fails, to call such meeting upon such requisition, any three members may call such meeting by public notice, signed by them, and stating the object of such meeting, and the tirne and place of holding the same.

D1"lslon v.

Fourteen days' notice

of meetings. 88, The secretary shall, unless and until otherwise provided by

bylaw, send by post to every member of the Board fourteen days'

V-D. sec. 54. l e g 4 9 notice of every meeting, specifying the time and place of meetlng, and, in the case of a special meeting, the business to be done thereat.

Quorum.	87. (1) At all meetings of the Board, except where otherwise
V.D. Act, 1894,

sec. 66.	provided by this Act, one-half or a majority of the members for the
Adjournment where	time being shall form a quorum
no quorum.	(2) The secretary, in the absence of all the members, or any member present alone, or the majority of members present at a meeting at which there shall be no quorum, may, at the expiration of half an hour from the time fixed for such meeting, adjourn the mme.
(3) Any business which could have been transacted at such meet- ing may be transacted at the adjourned meeting.

who to preside, and 88, At every meeting of the Board the chairman, or in his

hi6 right to vote. absence such member as the members assembled shall elect for that

V.D. SW. 66. Act, l s o 4 9 purpose, shall preside, and shall have a deliberative vote, and, in case of equality of votes, a casting-vote.

Buainess of Board to 89, Notwithstanding any vacancies in the office of member of

be carried on notwith-

standing vacancy	a Board, the business of the Board shall be carried on by the
V.D. Act, 1894,	member or members actually in office, who shall have all the powers

WC. 67. of the Board.

Pmeedingaof Board 90. All proceedings of the Board, or of a committee of the

rPbdn0twith8tanding

defect of appointment, Board, or of any person acting as a member of the Board, shall,

etc. notwithstanding anv defect in the election or appointment of the

V.D. hot, 1881,	members of s G h Bbard, or committee, or any &&them, or of any
800. 68.	person acting as aforesaid, or that they or any of them were inca- pable of being members of the Board, be as valid as if such mem- bers or member, or such person, had been duly elected or appointed,

and was capable of being a member.

In c m

of inability of 91, If, in consequence of death, absence, or any lawful impedi-

wretaq, &C., to

pedom dutia,	ment, it is impossible or inconvenient for the secretary or a member
man or h = d may
appoint another	or other person to perform any particular matter or thing which by
person to do W.	this Act he is required to perform, the chairman, or if, for the like reason, it shall be impossible or inconvenient for the chairman, the

V.D. A C ~, 1894,

W. SQ.

Board may perform the matter or thing, or appoint some member or

other person to perform it.

92. If

5' EDWARDI VII, No. 9 5.

The Vermin Act.-1905.

92. If the day for a meeting, or adjourned. meeting, or for any PUT l*l.

D r v ~ ~ r o n v.

business required by this Act, or any by-law to be held or done, falls

on a Sunday, Good Friday, Christmas Day, or public holiday, such Buaineas falling on

meeting shall be held, or business done, on the first day after the Sunday, BC.	V.D. Act, 1884,
day on which it fell.	sec. 60.

eolutiona, how

93, No resolution passed at a meeting of the Board shall be revoked or altered.

revoked or altered at a subsequent meeting, except subject to the	v. ~.	0%. 61.	B C ~,	1894,
following conditions :-

( U ) Written notice of an intention to propose such revocation or

alteration shall be given or posted to each of the members

twenty-one days at least before holding the meeting:

( b ) The resolution for such revocation or alteration must be carried

by a majority consisting of two-thirds of the members pre- sent at such subsequent meeting, if the number of members present at such subsequent meeting be not greater than the number present when such resolution was come to, or by a majority if the number of members present at such subse- quent meeting be greater than the number present at such former meeting.

94, The Board may-	Committee8 of Board
and quorum.

Appoint occasional or standing commit tees:

sec. 62.

V.D. Act, 1894,

Fix the quorum of every such committee:

Continue, alter, or discontinue such committee.

95. The following provisions shall apply to every euch corn- Y e e t i n ~ o f corn-

mitteee.

mit tee : -

V.D. Act, 1894.

MC. 63.

( a ) One of its members shall be appointed chairman:

( b ) Such chairman may, from time to time, be removed by

resolution:

( c ) Such committee may meet from time to time, and may adjourn

from place to place as they may think proper:

(d) No business shall be done at any meeting unless the quorum

(if any) fixed by the Board, or, if no quorum be fixed,

three members be present:

je) If the chairman of such committee be not present at any

meeting, one of the members present shall be appointed

chairman of such meeting:

( f ) All questions shall be determined by a majority of the votes of the members present:

(g) The chairman shall have a deliberative vote, and, in cltae of equality of votes, a caeting-vote.

96. The

5' EDWARDI VII, No. 905.

The Vermin A c t. 1 9 0 5,

PABI III. M. The Board. shall cause minute-books to be kept by the

v. secretary of all the meetings of the Board, and of every committee

Minute8 of meetings. thereof, and of the proceedings thereat, and the following provisions

v. D. A C ~, 1894, shall apply to such minutes :-

sec. M.

(a) The names of the members who attend at each meeting shall

be entered therein:

( b ) 'l'he names of all members voting on any question for the decision of which a divieion is called shall be entered therein:

' c ) The minutes of every Board meeting, and of every meeting of

a committee until a report is agreed upon, shall be put for

confirmation to the next succeeding meeting, or if that shall be omitted, to some subsequent meeting, and, if found correct, shall be signed by the chairman of the meeting at which the same shall be confirmed:

(d) If such chairman refuses or neglects to sign such minutes for seven days after such meeting, the same may be signed by any two members present and entitled to vote at such meeting:

( e ) The minutes of a committee meeting at which a report is

agreed to shall, if' found correct, be signed at such meeting,

or some adjournment thereof, by the chairman thereof.

In8pection of minute-	97. (1) Such minute-books shall, at all reasonable times, be
booke.

V.D. Act, 1894, open to the inspection of-

sea. 66.	( a ) A member of the Board:
( b ) .A creditor of the ~ o a r d:

( c ) A ratepayer of the District.

(2) Creditors and ratepayers shall pay One Shilling for each such inspection, and may take copies of a minute.

Minute-book8 and

certified extracts 98. Every minute purporting to be such minute as aforesaid,

therefrom evidence.	and to be so signed, or a copy of or extract from any such minute
V.D. Act, 1894,	purporting to be attested by the seal of the Board and signed by
sec. 65.	the secretary, shall be received as evidence in all Courts, and before all ~ u d ~ e s; bodies politic, and persons, without that the meeting to which the same refers was duly convened or held, or that the persons attending t.hereat were members of the Board or mem- bers of committee, or of the signature of the chairman or members, or of the fact of his having been such chairman, or of their having been members entitled to sign such minutes, or of the affixing of the seal or of the signature of the secretary; but all such matters shall
be presumed until the contrary is proved.

DIVISION

5" EDWARDI VII, No. 905.

PAET 111.

Drvrsroa VI.

99, Contracts for the purposes of this Act may be made, varied, Modes in which Board may make, vary, and

or discharged by the Board of every 'District, in manner follow-	discharge contracts.
ing :-	V.D. Act, 1894,

I. A contract which, if made between private persons, would be by law required to be in writing and under seal, may be made, varied, or- discharged in writing under the common seal of the Board: sec. 66.

11. A contract which, if made between private persons, would be by law required to be in writing, signed by or on behalf of the parties to be charged therewith, may be made, varied, or discharged in writing under the common seal as aforesaid, or in writing signed by the members of the Board, or any person acting by the direction and on be- half of the Board:

111. A contract which, if made by private persons, would be by law valid, although made by- par01 only, and not reduced into writing, may be made, varied, or discharged in either of the two ways aforesaid, or by any person acting by the direction and on behalf of the Board by parol, with or without writing.

And all contracts made according to the provisions herein contained shall be effectual in law and binding on the parties thereto.

100, The Board may compound with a person who has entered Board may w m w n d

into a contract with the Board, or by or against whom an action or claims.

proceeding has been brought or threatened on behalf of or against L:'6t:tt,	lag4,
them Board, for such sums of money or other consideration as the Board thinks proper.

101, The Board may, subject to the approval of the Commis- P o w e r f o r B ~ t o contract with other

sioner, contract, upon such terms as they think fit, with any other pllb~io bodiesin

corporate or public body for or with respect to the doing and the cer&cme8-

control and management by either or both of the contracting parties V.D. Act, 1894,

of any matter or thing which such contracting parties are, or either sec. 68.

of them is, by law empowered to do, control, or manage; and the

Board may carry out such contract according to the tenor thereof.

do or cause to be done all acts and things necessary for the suppres- takings of Bgard. 102. The Board may carry out all works and undertakings and WO* and under-

V.D.

sea. 60. dot, 1894,

sion of vermin by the erection of vermin fencing.

103. (1) A Board may, by by-law, require owners and occu- Fencing of mate.

piers of land within the District to ercct and maintain a vermin lU*p"e"

fence around all artificial and permanent supplies of water (except V.D.	sec. 147.	A C ~,	1894,
running streams) upon their holding, subject to the directions of an inspector appointed by the Board, who shall determine the position of such fence.

(2) Such

30 5' EDWARDI VII, No. 905.

The Vermin Act.-1 90 6.

PART m. (2) Such fence shall be provided with a proper gate or gates, to

be approved of by the inspector.

(3) Such gate or gates shall, during such months of the year and during such hours as may be fixed by the Board, be kept closed by the owner or occupier.

' (4) An owner or occupier who fails to keep such gate or gates

closed as aforesaid shall be guilty of an offence against this Act, and shall, upon conviction, be liable to a penalty not exceeding Ten Pounds.

*tarn tObncewalar

supplies. 104. (1) If an owner or occupier fails to erect or maintain such

fence, as provided in the preceding section, the Board shall give written notice to such owner or occupier to erect or maintain the

v.D'

SW. 148.

same within a time to be limited in such notice.

(2) An owner or occupier who fails to comply with such notice

shall be guilty of an offence against this Act, and shall, on convic-

tion, be liable to a penalty not exceeding Twenty Pounds.

Board to fence in

default.

105. If, after the expiration of the time limited in such written

notice, any direction therein is not complied with by the owner or

v.D. W. 149. lsg4 occupier to the satisfaction of the inspector, the Board shall under- take and carry out such direction at the expense of such owner or occupier, and may recover such expense from him in a summary way, or by action in any Court of competent jurisdiction.

Boardmayenter~on l()&

landa, &c. The Board and its officers, servants, and agents-

( a ) May enter upon any lands within the District:

V.D. A C ~, 1894

~ec. 70.

( 6 ) May cut timber thereon:

(c) Shall clear the land on each side of any fencing erected or to be maintained by the Board for a space of at least twelve feet:

(a) Shall do all other acts and things necessary for the purposes

without being liable to any owner or occnyier upon any claim or

demand whatsoever in reapect thereof.

aforesaid-

Board may purchase 107. (1) The Board may, except as provided by section 45

fence. hereof, purchase any fence erected along the boundaries of its Dis- trict, or which it is convenient to acquire for the purposes of this Act.

v*D. sec, 71. Act,

(2) The price to be paid for any such fence purchased by the

Board, unless mutually agreed between the owner thereof and the

Board, shall be fixed by the Commissioner.

ve.min f- to

vested in Board. 108. (1) All fences erected, purchased, or acquired by a Board

V.P.F. Amendment shall vest in such Board.

A C ~, 1897, W. 11. (2) All fences erected, purchased, or acquired by two or more Boards shall belong to and be apportioned by the Commissioner

between

5" EDWARDI VII, No. 9 5.

.The Vermin Act.-1905.

between such Boards proportionately to the amount contributed by them respectively in erecting, purchasing, or acquiring such fences.

(3) Any fence erected by a Board pursuant to section 149 of

" The Vermin Districts Act, 1894," or hereafter erected pursuant to

section 105 of this Act, shall cease to be vested in the Board from

Penalty for offence 228. Every person guilty of an offence against Part 111. of this

spinet thie Act.	Act shall, for every such offence, be liable to the penalty expressly
V.D. Act, 1894,
see.120. .	imposed by such part of this Act or by any by-law in force in that behalf, and, if no other penalty be imposed, to a penalty not exceed-
ing Twenty Pounds.

229. (1) Any occupier who fails to comply with a notice given

V.P.F. Act, 1890,	pursuant to subsection (2) of section 174, and any person who uses
W. 16.	any wire netting furnished by a Council under subsection (1) of section 174 hereof for any purpose other than the purpose for which
i t was so furnished shall. on conviction, be liable to a pena A. Ity not
exceeding Twenty pounds.
(2) Any owner or occupier who does not, within fourteen days after service upon him by a District Council or Trust of a notice requir- ing him to repair a wire-netting fence erected upon his land under the provisions of this Act or any Act hereby repealed, or any gate therein, or to keep such fence or gate clear of sand, rubbish, or other accumulation, duly comply with such notice, shall be liable to a
penalty not exceeding Twenty Pounds.

Garstte conclusive 230. (1) The Gazette containing a Proclamation made by the

evidence of Proclama-

tion and prima facie

Governor or Commissioner under this Act shall be conclusive evidence

evidence of f acte

stated therein.

of the fact, tenor, and validity of such Proclamation, and shall be

evidence of the facts stated, recited, or assumed therein.

V.D. Act, 1894,

sec. 150.

(2) No such Proclamation shall be invalid by reason of anything required as preliminary thereto not having been duly done.

Ohzetts evidence of

appointments and

- 231. The Gazette containing a notice of the appointment or

electiona notified

election of' any person to any office in a District shall be conclusive

therein.

evidence of such appointment or election, except in any proceeding

m. 161,

V.D. Act, 1894,

brought to try the title of the person so appointed or elected.

sb EDWARDI VIT, NO. 905. 81

The Vermin Act.-1905.

232, The Gazette containing a notice that a resolution was PART vrt.

passed or order made at a meeting of a Board shall be conclusive Drvrsroa 11.

evidence- ffcoetts evidence of

m1ution of B&

notified themin.

( a ) Of such resolution being passed or order made:

V.D. Act, 1894,

( b ) Of the meeting being lawfully convened: sec. 162.

(c) Of any facts stated in such notice relating to the majority by

which such resolution was passed, and the number and pro-

portion of members of the Board present.

233. The Gazette containing a notice that a rate declared by Gawrrs c o n h i h y

a Board is payable shall, except on proceedings to quash such rate, : ~ ~ ~ ~ ~ ~ , " ~ ~ ~ ~ g

be conclusive evidence that the rate has been duly declared or made. evidenoe.

V.D. Act, 1894, a. 163.

234, By-laws, minutes of a Board. or a committee thereof, books ~ ~ - l ~ ~ ~

and contracts, specifications, plans, estimates, and other documents contrwt~, &C., or

certified copies,

in the hands of a Board by this Act required or authorised, and evidence.

any copy thereof or extract therefrom purporting to be signed by v.o. aoq

lsg4,

the chairman, or two members of the Board, or the secretary, shall be #W. 1st.

receivable in any proceeding before any Court or person as' evidence

of the matters therein contained, and, in the case of by-laws, shall

be evidence of the passing, confirmation, and publication thereof,

and of the performance of the requirements of this Act in respect

thereof.

235, Judicial notice shall be taken of the seal of a Board by j u d i ~ n o t i c e o f e ~.

every Court and Justice.	V.D. Act, 1894,
sec. 166.

236. Nothing in this Act contained shall prevent proof being saving of ..l, of

given of the tenure of any office by evidence of acting in such evidence.

office, nor any notice purporting to be a notice given -by a Board, V.D. AC~, 1894,

and published or posted as by this Act directed, or a copy thereof,	ls6.
being given in evidence in any proceeding against the Board, or any officer thereof, or shall negative any statutory or other rule of law

as to evidence or presumpt~ons therefrom.

237. In any proceeding for the recovery of the cost and expense CedC8te wi,na

of destroying vermin under Part 11. of this Act, a certificate pur- ~ O C ~ G of destruction. evidenca of cost

porting to be under the seal of the Council, or Vermin Board, or Rabbit S. Act, 1879,

under the hand of the Chairman of an Associated Board, or of the ,,- So-

- - - -.

Commissioner, as the case may be, and specifying the amount of

such cost and expense, shall be received as primcl jkcie evidence of	I
the amount of the cost and expense of such destruction.

238, (1) The Gazette containing any regulations purporting to Ganlfe conchsire evidence of regula-

be made by the Governor by virtue of this Act shall be conclusive tion., also of

evidence of the making of such regulations.	either House objeot-
ina to them. "

( 2 ) The Gazette containing a notice of a resolution being passed v. ~. bet, ,goq

by either House of Parliament objecting to any such regulations m- 146.

shall be conclusive evidence of the passing of such resolution.

389, IQ

The Vermin Act;-1905. .

PART v11. 239. In any proceeding where it is desired to prove the amount

D i v ~ s ~ o w m.

Evidence.of moneys	of any payments then due or hereafter payable under Part VI. of
owing on land.	this Act, in respect of any land, a certificate as to such amount, signed by the Commissioner or the clerk of the Council, shall be

V.P.F. A C ~, 1890,

ew. 26. primd .facie evidence as to such amount.

Notices and demands, 240. The following provisions shall apply as to every notice 01

how served.	demand by this Act required to be given to the owner or occupier of
V.D. Act, 1894,
eeo. 123.	any land :-

(1) Such notice or demand shall be addressed to such owner or

occupier.

(2) Such notice or demand shall be deemed duly served if the

same shall be-

(a) Given to such owner or occupier personally;

(6) Left at his usual or last known place of abode; or

(c) Sent by post, in a prepaid envelope addressed to

such owner or occupier at his usual or last

known place of abode.

(3) In the case of the Crown all notices shall be sent by post to

the Surveyor-General.

(4) Where there shall be more than one owner or occupier of the

same land, service upon any one of them in manner afore-

said shall be deemed service upon all.

Service of notices and 241. Every summons, notice, writ, or other proceeding requiring

legal proceedings.	01 authorised to be served on the Board may be served by being
v.D-Aot*	sec. 124. lsg4,	given personally to the chairman, or secretary, or at the Vermin Board Office to some officer of the Board there
Authentication of	242. Every order, summons, notice, or other such document requiring to be authenticated by the Board shall be sufficiently auhentGated without the common seal of the Board if signed by

certain documents by

the Board.

V.D. A C ~, 1894,

sec. 126.	the chairman, by two menibeis of the Board, or by the secretary.
Repre~entation
Board in cases of

of 243. I n the event of any person against whom the Hoard have

ineolvency.	any claim or demand being adjudicated insolvent, or making a statu-
V.D. Act, 1891,	tory assignment for the benefit of or composition with his creditors,
eec. 126.	the secretary, treasurer, or any officer of the Board appointed by the chairman, in writing under his hand. may represent the Board in all proceedings relating to the insolvency or assignment of the estate of such person as if such claim or demand had been the claim or demand of such secretary, treasurer, or officer.

Representation of	244. In all proceedings before Justices or a Local Court, the
hrd

and h Local Court. Justices secretary, treasurer, or any other officer of the Board, appointed by

V.D. Act, 1894,	the chairman in writing under his hand, may represent the Board in
W. 127.	all respects as though such officer had been the party concerned.
- - . 245, The

5" EDWARDI VII, No. 9 5.

The Vermin. Act.-1 905.

245. The secretary, treasurer, or other officer appointed aa afore- PAW vI1.

D I W ~ W I 11-

aid shall be reimbursed out of the District Fund all damages, costs,

:barges, and expenses to which he may be put or with which he Reimbunement of	officer.
nay become chargeable by reason of anything contained in either	W. V.D. 128. A C ~, 1894,
)f the two last preceding sections.

246. No writ of puo warranto, or information in the nature of a NO writ of quo wawanto diowed to

po warranto, or other proceeding shall issue, or be filed, or had, or tv title to omce.

taken in the Supreme Court, to try or question the title of any V.D,

18g1,

Board, or the title of any person to act as member of a Board, eec. 129.

chairman, or auditor, or in any office or place in, or in the gift of, a

Board.

247. No mandamus shall issue from the Supreme Court to admit No mandamus to issue from Supreme Court

or restore to office, or to compel the Boa.1-d ta proceed to the election ,Om,el Board to

or appointment of any member of a Board, chdrman, auditor, officer, a d m i t ~; ~ o ~. o r e l ~ t membere, &c.

or other person to any office or place in, or in the gift of, a Board,

or to compel the production or dclivery of any books, voting-papers, ,c. 130.

V.D. Act, 1894,

or other documents or papers, to the y roduction or possession whereof

the Board or person may be entitled under this Act.

248, The proceedings- Proceedings fort rying title of member of

(a) To try the title of a member of a Board, chairman, auditor, :gt1,";92.$@d by

officer, or other person to his office or place: two or more Justices

- -

in a summary way.

( b ) To try the right of any person to be admitted or restored to V.D. Act, 189(,

any such office or place, or to compel his restoration or sec. 131.

admission:

(c) To compel the board to proceed to any election or appoint-

ment:

(d) To try the validity of any rate:

(e) To compel the production or delivery of any books, voting- papers, or other documents or papers to the production or possession whereof any Board or person may be entitled under this Act:

shall be had and taken before, and determined by, two or more

Justices in a summary way.

249. (1 ) The information, for the purposes of section 248, may be Jurisdiction of

laid at the instance of the Board, or by a ratepayer of the District, JuticeS.

V.D. A C ~, 1894,

or the Commissioner or other person interested. MC. 132.

(2) The justice^ may make an order-

(a ) Declaring any person to be not entitled to the office or place

then possessed by him, and that such ofice or place is

vacant:

( h ) Declaring that the informant is entitled to the said office or

place:

( c ) Commanding

04 5" EDWARDI VII, No. 905.

The Vermin A c t. 1 9 0 5.

PABT mi. (c) Commanding the Board to proceed to take the necessary steps for and hold any election, or make any appointment:

Dlv~sron III.

(d) Compelling any person or persons to proceed to any ballot that may be necessary:

(e) Quashing any rate which for any reason is invalid:

(f

) Compelling the production or delivery of any books, voting-

papers, or documents by or to the Board, or any officer

thereof, to or by any person.

(3) No order to admit or restore any person to any office or place

shall be made whilst any other person is in possession of such office

or place.

260. On non-compliance with any order made by any Justices,

' d 7C ' ' ' ' under the provisions of section 248 hereof, the following provisions

may i d i o t punieh-

ment. shall apply :-

V.D. A d, 1894,

(a ) Any two or more Justices may, on information laid at the instance of the Board, or by any ratepayer or person in- terested, order any sum of money to be paid by or to the Board, or any officer thereof, to or by any person, as com- pensation for anv injury sustained by reason of the non- compliance with any such order:

SW. 13s.

( b ) Such Justices may order any such officer or person to be imprisoned, either for a specified time not exceeding six calendar months, or until the aforesaid order is obeyed,

and such imprisonrnent may be ordered in addition to or

without any order for payment of money as aforesaid:

( c ) On non-compliance with any order commanding anything to

be done by the Board, any two or more Justices may order the payment of any sum of money by, or the imprisonment

of, any person who would before the passing of this Act	have been liable to attachment, or subject to process of
contempt for disobedience to any peremptory writ of
mandam us issued out of the Supreme Court comma~ding
the Board to do the act directed by such order.

Time within whiuh

lvoceedinga may be 251, No proceedings to try the title of any person to any office

taken. or place in, or in the gift of, a Board shall be had or taken except

v. ~. act, 1894, upin an information llid w&hin two calendar months from the t i i e

M. 134.	at which the person whose title is disputed was appointed or elected, or the cause arose by reason whereof such person shall be liable to
be ousted, whichever shall last happen.
for trying validity of

Limitation of time 252. No proceedings to try the validity of any rate under Part

ate. 111. of this Act shall be had or taken except upon an information laid within two cdendar months from the time at which notice of the rate ahd have appeared in the Gazette.

263. (1) No

5" EDWARDI VII, No. gag.

The Vermin A c t. 1 9 0 5.

253. (1) No member of a Board shall be subject to be sued or

prosecuted by any person whomsoever, nor shall the body, goods, or	or proeecuted by No offlmr to be eued
lands of a member of a B w d be liable to any execution of any	reaaon of contract or liability entered into
legal process by reason of any contractual or other instrument	or incurred by the
entered into by the Board, or by reaaon of any other lawful act done	Board.
by the Board in the execution of any of their powers.	V.D. Act, 1894,
sec. 141.
(2) Every member of a Board, his heirs, executors, and adminis- trators, shall be indemnified by the Board for all payments made, or liabilities incurred, in respect of any acts done by him, and of all losses, costs, and damages which he may incur in the bond jide exe- cution of the powers granted to him by this or any other Act.

254. (1) All prosecutions for the infliction of pecuniary penalties	for actions againat
Limitation of time

upon, and all actions against, any member of a Board, chairman,	members of a
officer, or person for anything done or omitted to be done in pw-	Board, &c.

suance of Part 111. of	this Act shall be commenced within six calendar	?.D. Act, 1894,
WC. 142.

months after the happening of the cause of prosecution or action,

and not otherwise, except as hereinbefore to the contrary provided.

(2) Notice in writing of any such action, and of the cause thereof,

shall be given to the defendant one month at least before the com-

mencement of the action.

(3) The defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at the trial.

(4) The plaintiff shall not recover in such action if tender of sufficient amends shall be 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.

(5) If a verdict shall pass for the defendant, or the plaintiff become nonsuit, or discontinue, or the defendant otherwise recover judgment, he shall recover full costs as between aktorney and client,

and have his remedy for the same in the usual way.

255. (1) The cost of an advertisement required by Part 111, of ments. costof d v e r f h -

this Act shall be paid by the Board, Corporation, or person whose	V.D. Act, 189t,
action immediately necessitates such advertisement.	aec. 167.
(2) The Commismoner may require payment of such costs before causing an advertisement to be inserted.

266. A District Council, Vermin Board, or Associated Board Board may remit 5nea except for

brihety.

may remit, in whole or in part, a pecuniary penalty imposed by or imposed for an offence under section 24.

under this Act, or a penalty which such Council, Board, or Associated V.=. act, 1894,

257. The imposition of a penalty for an offence under Part 111.

of this Act shall not affect any action or other remedy at the instance v.n. Act,

of the Board or any person for compensation for or the preventioa of , . 122.

injury that may result from such offence. 268. AU

1-906

5" EDWARDI VII, No. cpg.

The Vermin Act.-1905.

PABT VII.

DIVI~ION 111. 258. All fines and penalties for any offence against this Act, or

any by-law of the Board, may be recovered before. any two or more

we. .(*ina pm+

sions of Act m y Justices in a summary way, on an information a t the instance, except

m v e d before two

Justioea. where otherwise expressly provided, of any person or persons whom-

V.D. AO~,	1894,	soever.
sec. 136.

b o v e ~ o f ~ h m o f

cmt from other 259. Any amount which any occupier may be liable to pay to

occupier.	any other occupier under the provisions of Part VI. of this Act
may be recovered in any Court of competent jurisdiction.

Proceedings before 260. All the proceedings before Justices shall be ~.egulated by

Justices.	Ordinance No. 6 of 1850, "The Justices Procedure Amendment
v.D. '4
m. 136.	Act " (298 of 1883-4), and any other Act that may be law for the
time being in that behalf.
pendtiee, &o., Justice

On n o n - p a ~ a n t of 261. (1) I n every case of the adjudication of a fine or pecuniary

mtry imprison. penalty or amends under this Act, and of the non-payment of such tine or pecuniary penalty or amends, any Justice may commit the

V.D. A C ~, 1894,

m. 137.

offender or. person making default in payment to any gaol in the said

State for any time not exceeding three calendar months, the imprison-

ment to cease on payment of the sum due and the costs of such pro-

ceedings as may have been taken for the recovery thereof.

(2) This section shall not affect any remedy under the saia Ordi-

nance No G of 1850, or the Act No. 298 of 1583-4, for the recovery

of any fine or any pecuniary penalty or amends.

Appealto h a l c o u r t	262. (1) There shall be an appeal from an order of	Justices
from order made by

Justioea. made under the provisions herein contained, and from a conviction by Justices for an offence against this Act or any by-law of a Board,

V.D. A C ~, 1894,

S ~ C. 198.

and from an order dismissing an information or complaint under this

Act or any by-lam.

(2) Such appeal shall be to the Local Court of Adelaide of Full Jurisdiction only.

(3) The proceedings in such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, and the Act No.

298 of 1883-4, for appeals to Local Courts.

(4) The Local Court of Adelaide aforesaid may make such order as to payment of the costs of such appeal as the Court shall think

fit, although such costs may exceed Ten Pounds.

~oaslcoartms~ 283. (1) The Local Court, upon the hearing of any appeal

ntate a case for u p r e under section 262, may state one or more special case or cases for

court.

the opinion of the Supreme Court.

V.D. Act, 1894,

W. 189.

(2) The Supreme Court shall hear and decide such special case or

cases according to the practice of the Supreme Court on special

cases.

(3) The Supreme Court shall make such order as to the costs of

any such special case &S to the said Court shall appear just.

(42 A V

The 'Vermin Act.-1905,

(4) Any Justice or Justices or the Lpcal Court of Adelaide ehall PART v1I.

DIVIS~ON 111.

make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any J udge thereof, which order of the Justice or Justices or Local Court shall be enforced in manner provided by this Act, or otherwise, for the enforcement of orders of Justices.

(5) 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.

264. All fines, penalties, 2nd forfeitures recovered before Allfinesandpendtiea under this Act to be

Justices for offences against this Act, or against any by-law made pdto

smrd.

within the boundaries of a District Council, or Asrjociated Board sec. 140.

shall, except where otherwise provided, be paid to the Board of such

under this Act, committed within a Vermin-Fenced District, or v.D. case may be, save such portion of anv such fine, penalty, or forfeiture as may by law be appropriated t' any informer other than such Boards or Council, or an officer thereof.

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

this Bill.

GEORGE R. LE HUNTE, Governor.

EDWARDI No.

The Vermin Act.-1905.

SCHEDULES.

THE FIRST SCHEDULE.

ACTS REPEALED.

Merence to Acts. Title. Extent of Repeal.

--p-- --p

No. 139 of 1879 The Rabbit Suppression Act, The whole Act

1879 "

No. 346 of 1885	'The Vermin Act Repeal Act "	The whole Act
No. 460 of 1889	'The Wild Dog and Fox De	The whole Act

struction Act, 1889"

No. 478 of 1890 S The Vermin-proof Fencing The whole Act

Act, 1890"

No. 559 of 1892 ' The Fences Act, 1892 " .. .. The whole Act as regards ver- min-proof fences and rabbit- proof fences

No. 597 of 1894 The Vermin Districts Act, The whole Act,escept section 10

1894 "

No. 634 of 1895 An Act to amend the laws re- The whole Act

lating to Vermin

No. 656 of 1896 The Vermin Districts Amend- The whole Act

ment Act, 1896"

No. 6'19 of 1897 -' The Vermin-proof Fencing The whole Act

Amendment Act, 1897 "

No. 706 of 1898 An Act to amend the "Vermin The whole Act

Acta Amendment Act oi

No. 746 of l900 " The Vermin Districts Amend- The whole Act

ment Act, 1900"

No. 826 of 1903 " Fences Act Amendment Act, The whole Act as regards ver-

1903."	1	min-proof fences and rabbit
I	proof fences

No. 850 of " The Pastoral Act, 1904 ". .. . The whole of Part XI., being

from section 98 to section 105,

both inclusive, and section 132

No. 419 of " The District Councils Act, Section 252

l887 "

No. 863 of 1904 " The District Councils Amend- Sections 42 and 54

ment Act, 1904 "

THE

5" EDWAKDI No.

The Vermin Act. - 1905.

T H E SECOND SCHEDULE.

" The Vermin Act, 1905."

NOTICE TO DESTROY VERMIN.

To Mr. [name of owner or occtcpier] of [his address and occupation].

Take notice that I, the undersigned, being an authorised person under the abcve Act, do hereby, pursuant to the provisions of the said Act, require you forthwith to destroy all vermin upon the land occupied by you in [hundred or other locality of land] being [numbers of sections or other descr@tion of land], containing [area tn acres or square tniles], and (if so) also upon the half width of all roads adjoining the said land or any part thereof.

Dated this day of 19 .

[Signature.]

Every notice under this Act is deemed to have been duly ~erved upon the owner or occupier if left

at hie usual or last known place of abode in the State.

On neglect or failure to comply with this notice, the destruction of the vermin upon the land and roads (if any) therein mentioned will be effected by the [District Council, Yermira Bonrd, Associated Board, or Commissioner of Crown Lands, as the case may be], at the expenee of the owner or occupier.

FOBM NO. 2.

INFORMATION.

South [Royal Srms] Australia.

f To wit.)

Be it remembered that on this day of , in the year

of our Lord one thousand nine hundred and 9 at , in the

State of South Australia, in the Commonwealth of Australia, , of

in this State, an authorised person within the meaning of Part XI. of

" The Vermin Act, 1905," came before me,, Esquire, one of His

Majesty's Justices of the Peace in and for the said State, and gave me to understand

and be informed that on the day of , 190 ,

of in the said State, being the owner for occupier. as the case may be) of certain land, to wit [here suflciently describe the landJ, did not, within four- teen days after the service upon him of a notice under section 23 of the said Vermin Act, 1905, take all necessary, sufficient, and proper steps for the destruction of vermin upon such land, contrary to the form of the Statute in such case made and provided.

Taken before me at the day and

year first above written.

J.P.

FORM No. 3.

INFORMATION.

South [Royal Arms] Australia.

f To wit.)

Be it remembered that on this day of , in the year

of our Lord one thousand nine hundred and 3 at , in the

State of South Australia, in the Commonwealth of Australia, 3 of

, in the said State, an authorised person within the meaning of

Part 11. of " The Vermin Act, 1905," came before me, , Esquire, one I

of His Majesty's Justices of the Peace in and for the said State, and gave me to under- stand and be informed that on the day of ,190, 9 of, in the said State, being the owner for occupier, as the case may be) of certain land, to wit [here suflciently describe the land], did not during the months of and, being the months declnred to be simultaneous vermin destruction months for the [here set out name oJ District, Vermin-Fenced District, Associated Board, or other portion of the State, as case may be] in which such land is situate, take all necessary, sufficient. and proper &ps for the destruction of vermin

upon such land, contrary to the form of	the Statute in such case made aod provided.
year first above written.

Taken before me at the day and 1

J.P. FOBN

EDWARDI VII, No.

The Kermin A c t. 1 9 0 5.

Foaad No. 4.

" The Vermin Act, 1305." I

NOTICES OF MONEYS PAYABLE FOR DESTRUCTION OF VERMlN.

Notice is hereby given that there is now due and payable in respect of the cost and expense of the destruction of vermin upon the land for lands, as the case may be) mentioned in the schedule hereto, the sum set opposite to the description of such land or lands; and the owner or owners of such land or lands are required to take notice that unless the amount or amounts so due, together with the cost of and attending thie notice, be paid to the [set out name of Dist~ict Council, Associated

Board, or Vermin Board, or Commtssioner of Gown Lands, as case may require] on

or before the day of, 19 [one month Jrom the last publicdion of this notice], the said r District Council, Board, or Commissioner, as case may be] will let such of the said land or lands in respect of which any money shall be then un- paid, from year to year, i n manner provided by " The Vermin Act, 1905," or apply to the Supreme Court for an order for the sale of such land or lands, or so much thereof as may be necessary to produce the amount or amounts remaining unpaid, und also the costs of and attendant upon such application and sale.

Dated this day of 19 .

S

The Schedule referred to,

Name of owner or occupier, or

Deecription of Iund. if unknown, state so. hmoun t due.

*Signature of Chairman of District Council, Associated Board, or Vermin Board, or Commissioner,

M case may be.

THE THIRD SCIIEDULE.

VERMIN DISTRICTS UNDER BOARDS (ACT 697 OF 1894).

Preaent Ratable

Districts. I Proclaimed.

Area in

Square Miles.

I _ . c - - - - - -

Braemar.. ............................ October 27th, 1898 291

Carriewerloo .......................... January 27th, 1898 1 632

Elliston.... .......................... April SOth, 1899

1,694

6 6

Flindera .............................. 2,152

Franklin Harbor ...................... January 17th, 1901 3,66 1

Fowler's Bay.	.........................	December 22nd, 1904	1,344
Lake Torrens	........................	December l lth, 1902	8,776

Lake Torrens East .................... December 8th, 1904 4,105

6 6

Minburra ............................ 284

Mount Ive.. ..........................	November 26th, 1903	785
Murkaby ............................	October 27th, 1898	264
Nullarbor ............................	December l l th, 1902	470

Oakden Hills. ......................... November 21th, 1904 1,885

Old Koomooloo.. ...................... October 27th, 1898 295+

Paralana ............................ January23rd,1902 1,507

Pmcoola ............................	November 24th, 1904	311
Pundurra ..........................	December 31st, 1896	654

Streaky Bay .......................... November 22nd, 1900 1,788

Wilgena ............................	August 26th, 1897	3,258
Wartaka ............................	November l st, 1900	1,294

Yarley .............................. February 9th, 1899 375

Yardea ............................ .. December l %h, 190 1 1,343

l , THE

5' EDWARDI VII, No. 905.

The Vermin Act.- 1905.

THE FOURTH SCHEDULE.

RABB IT-PROOF FENCE.

Strainers not less than about five inches in thickness at smaller end, one hundred and fifty yards apart, two feet six inches in the ground, three feet eix inches out of ground.

Posts of approved timber not lese than three inches in thickness a t smaller end, twenty feet apart, eighteen inches in the ground, three feet three inches out of the ground.

A wire netting of not less than eighteen gauge, of a minimum width of thirty- six inches and maximum mesh of not more than one and a half inches. four inches of such netting to be fixed in the ground and thirty-two inches out of the ground.

Two plain wires-one foot four inches and two feet eight inches above the

surface, one barbed wire three feet from the ground hung with S hooks, four feet

apart.

Optional as to the use of a plain wire on or below the surface.

THE FIFTH SCHEDULE.

A VERMIN FENCE.

"

EDWARDI VII, No.

The Vermin Act. - 1905.

Strainers not less than about six inches in thickness at emaller end, one hundred and fifty yards apart, two feet nine inches in the ground, fifty-four inches out of ground.

Posts not less than about five inches in thickness at smaller end, twenty feet apart, twenty-four inches in the ground, fifty-four inches out of the ground.

A wire netting, eighteen gauge, of a minimum width of forty-two inches and

maximum mesh of one and a half inches, four inches of such netting to be fixed in the

ground and thirty-eight inches out of the ground.

A barbed wire, with barbs not more than three inches apart, three and a half inches above netting hung with S hooks three feet apart.

A second top similar barbed wire hung with S hooks nine and a half inches above

other barbed wire.

The barbed wires to be fastened to the post with a wire staple put through a hole

in the post and turned up on the other side.

Two number ten plain wires-one foot seven inches and three feet ten inches above

the surface.

Optional as to the use of a barbed or plain wire on or below the surface.

THE SIXTH SCHEDULE.

Vermin-Fenced District of , Annual Election.

Nominations will be received a t the Vermin Board Office for the District of

at , up to 12 o'clock noon on , the day of , l 9 ,

for members of the Board, and for auditor. Should more than the required number be nominated, either for members of the Board or auditor, further proceedings will be adjourned until, the day of , l 9 , when an election mill take place by ballot.

Dated the day of 19 .

Hy order,

, Secretary.

NOMINATION O F MEMBER O F -VERMIN BOARD.

The Vermin-Fenced District of , Annual Election, 19 ,

We, the undersigned, ratepayers of the Vermin-Feaced District of , do

hereby nominate [here state names of candidate in full, with address and occupation]

as a candidate for the office of a member of the Vermin Board of such District at

the election to be held on the day of 19 .

\

Signatures of Nominators.

/ I

I, the above-named, , hereby consent to the above nomination.

[Sigrbature of Candidate.]

FORM OF PROXY.

1, 9 of , being a ratepayer of the Vermin-Fenced

Di~trict of , in respect of [Atre state land] and entitled to

vote for the election of members of the Board (and auditors) for the said District, hereby appoint, of, as my proxy to vote for me and on my behalf a t the election of members of the said Board (and auditors) to

be held on the day of , l 9 .

As witness my hand this day of 19

Signed by the said

in the presence of

Foaw