Vermin Districts Act 1894 (SA)

ANNO QUINQUAGESIMO SEP'I'IMO ET QUINQUA-

GESIMO OC'L'AVO

A.D. 1894.

No. 597.

An Act relating to Vermin.

[Assrjz tcd to, November ad, 18pg.I

HEEEAS it is dcsimblc to amend the law relating to the Preamble.

W destruction of vermin, and to make provision for the creation

o i vermin Districts and Vernliil Boards o&icle the limits of District

Councils-Be it Xaacted by the Ciovei*l~or of the Yrovince of Sout'h Australia, with the advice and consent of the Legislative Council and House of Assembly of tlic said province. in this prcsent Parlia- ment assembled, as follows:

PART I. PART I.

C

. ---

TNTRODUCTORY.

1, This Act may be cited for all purposes as " The Vetwin Short title.

Uistricts Act, 1894."

2. This Act shall be divided into parts, under the following Divisione of ~ c t.

heads

: -

PART I.-Introductory:

PART 11.--Amendments	:
PART III.--Constitution	of Ver~nin Districts and Boards:

the Mexnbcrs of Boards:

the Auditors:

Elections:

the Meetings of the Board:

Contracts and Works: i

58" VICTORIA, No.

The Vermin DDiskmicts A c t. 1 8 9 4.

PART	I.	PART IX.-Of	Revenue and Expenditure:
PART X.-Of	Making and Recovering Rates:
PART XI.--Of	Loans:

PART x~r.-Of the Officers of the District:

PART ~111.-Of By-laws:

PART XIV.-Of the Enforcement of this Act, and of Penalties:

PART XV.-Of Evidence and I\/liscellaneous Matters.

Interpretation, 3, 111 this Act the following expressions shall have the meanings

by this section assigned to them, save where thc context or subject is

inconsistent with such meaning :-

' L Act " includes regulations:

Board " or Vermin Board " means the Vermin Board of any

Vermin District declared under this' Act:

Chairman " means the chairman of any Vermin Board:

" Commissioner" means the Commissioner of Crown Lands:

Crown lands" means all lands belonging to Her Mtiiesty within

a Vermin District, whether occupied or unoccupied, which

are not subject to any lease or agreement for lease or sale:

" District " means any Vermin District declared under this Act:

" Extraordinary vacancy " mcans and includes any vacancy in an

office arising in any other way than by effluxion of time:

Justice " or Justices " mems Justice or Justices of the Peace:

C L Owner" includes the person for the time being receiving or entitled to receive the reuts and profits of any lands or here- ditaments within a Vermin District, whether on his own account or as agent, trustee, or attorney for any other person:

4iPublic notice7' means notice given by advertisement in the printed or produced by mechanical process, on every post	Government Gnxette, and by posting handbills, written or
office in the district and on every other place appointed by the board, by by-law or otherwise, as a place for posting notices:

Ratable property" means and irlcludes all lands, tenements, and hereditaments (including Crown lands, whether oscupied or unoccupied) within thc limits of a vcrmin district;:

Ratepayer " means the awner or occupier of ratable property, or the owner of unoccupied ratable property, or the Surveyor- General in respect of' ratable property belonging to the Crown, whether occupied by thc Crown or unoccupied:

" Surveyor-General " means the Surveyor-General of the province

for the timi: being, or the person discharging the duties of

the office of Surveyor-General for the time being:

'' Vermin " includes rabbits, wild dogs? and foxes:

4. " Vermin

57' & 58" VICTORIW, No. 597.

The Vermin Di.Wicds Act.-1894.

4. c' Vermin-proof fence" sh 1 mean a substantial fence not

less than four feet high, hung	~ i t h	galvanized wire netting of a	proof fence.
Definition of vermin- I

i

maximum mesh of one and a ha1 f inches, minimum width of thirty- !

six inches, with the wire of a seventeen, also to

have two barbed wires above other fence as

the Vermiu	always that any similar
fence erected before	shali be taken to be a

of this Act if, in the u 3 (c, I

opinion of the for the purpose of c; P = ~

excluding rabbits and dogs. - - & .W; -c - r ~ a ~ e - - + - -

1

5, From and after the declaration of a vermin district under	After declaration of
a vermin district

the provisions of this Act, "The Wild Dog and Fox Destruction The Wild Dog ana

Act, 1889," shall not apply to such district: Provided, however, that

Fox Destruction Act,

1889," not to apply

this section shall not affect any right accrued or any obligation or

therein.

liability incurred under the said Act before the declaration of such

district.

PART 11.

6. The words	and without interest " in section 20 of	The	Amendment of eection
20 of Act No. 478 of

Vermin-proof Fencing Act, 1890," are hereby repealed, and the	1890.
words together with simple interest thereon at the rate of Five Pounds per centurn per annum" substituted therefor, but such repeal shall not affect any loans granted before the first day of July, one thousand eight hundred and ninety-three.

7. Section 23 of	The Vermin-proof Fencing Act, 1890," is	Amendment of aection
13, Act No. 478 of

hereby amended by adding after the seventh liue of the said	1890.
section the words following, that is to say-" The Governor may,
in the order granting the loan, direct that any specified part or

parts of the land described in the petition shall be enclosed by	continuous wire 11 ettirlg or vermin-proof or rabbit-proof fencing,	t
and that no part of the loan shall be expended in materials for the
purpose of erecting or rendaring vermin or rabbit proof any dividing	,
fence within such specified part or parts."

8, Section 34 of " "The Vermin-proof Fencing Act, 1890," is Amendment of section

hereby repealed, and in lieu thereof shall be read the following:-	34 of The Vermin-
proof Fencing Act, 4.
A general notice resolved upon by any District Council for the	1890."

simultaneous destruction of rabbits, and advertised for two successive weeks in the Government Gazette, and in some newspaper circulating within the District, shall, for the purposes of The Rabbit Suppres- sion Act, 1879," be deemed a sufficient notice to and to have been personally served upon every owner and occupier of land within the ~ i u t r i c t ~ a n d every authorised person under the said Act shall h a v e e m e rights, powers, and authorities; and every owner or occupier of land within the said District shall be subject to the same obligations and liabilities as if s u c h o r i s e d person had signed a v--"* ----'---

notice

5 7 O & 58' VICTORIAi, No. 597.

!l%e Vermin Districts Act.-1894.

notice in the form contained in Schedule B to the said Act and the said notice had been served upon the said owner or occupier, as by the same Act required.

Amendment of section

35 of " The Vermin-	Q, Section 35 of Act 478 of 1890 is hereby amended by adding notice by advertisement as hereinbefore provided." 0
proof Fencing Act,	after the word G the " in the first line thc words publication of

1890."	3.. X
Amendment of section

34 of the Stook 10. Section 34 of " The Stock Diseases Act, 11813," is hereby

Diseases Act, 443 of	z~mended by thc addition of the words	or by any other person
1888.	whomsoever " at the end thereof.

Amendment of metion 11, Section 31 of '' The Rabbit Suppression Act, 1879," is

31 of " The Rabbit

Buppreesion Act,	hereby amended by the addition of the words	or by any other
1879."	person whomsoever " at the end thereof.

Penalty for not	12. I any owner or occupier of any land, mhctl~er	freehold or
destroying rabbits.

leasehold, after notice for simultnneous destruction, resolved upon and advertised pursuant to section 8 of this Act, shall not do everything required by such notice for the destruction of rabbits on the land owned or &eupied by him, he shall be liable to the penalties provided by section 35 of The Vermin-proof Fencing Act, 1890."

13. The Governor may, out of any money voted by Parliament

for the purposes of making loans under Thc Vermin-proof Fencing Act, l8YO," from time to time a.uthorise and direct the expenditure of such sums as ha may think fit for the purposes of erecting or contributing to the erection of any wirc netting or other vermin- proof fencing around agricnltuml or cnltivated lands sitwte outside the limits of District Councils, or any Vermin District created under this ,4ct: Provided that the area proposed to be enclosed shall not

be less than one hundred am-cs: Provided also that no such expen-

W diture shall be authorised unless on the written request of a t least

.eiu persons interested in such area proposed to be enclosed, and

jointly and severally undertake the liability for the repayment of all persons interested in such area shall constitute a Trust, and shall the amount expendcd, with interest thereon.

Bart of inspector 14, No mch sums shall be granted by the Governor until a

to e obtained.

Government inspector Ims reported to the Comnlissioner "in favor of the grant being made,and no sums so granted nor any portion thereof shall be paid to the applicants until wire netting to the value of the sums granted shall have been actually erected by the applicant to the satisfaction of a Goverrinlent inspector.

Bepa~ment~f

expended. 15, Any sums so granted and paid shall be repaid with interest

at Five Pounds per centum per a n m m not later than by tcn equal yearly instalments, dating from the date of such grant, and in the meantime s u b e - *?, first charge on the land for thc enclosing or

I ft~ncing of whirh it is supli1ied.-

m. If-

57'	& 5 8 O VICTORILE, No. 597.
The V m i n Districts Act.-1894.

-p----

18. If any occupier within the special area for which a loan - -

shall have been or shall be granted to a District Council under	Amendment of Act
KO. 478 of 1890.
'C The Vermin-proof Fencing Act, 1890," shall refuse to accept the materials for wire netting or other rabbit-proof or vermin-proof
fencing, furnished or offered to him by such Council, the Council
may, without pr~judicc to any rights or remedies it may have against the occupier so refusing, offer such matcrials to any other occupier of land within thc District of such Board. If such offer bc acceptcd by the occupier, and 8pproved of by the Commissioner, notico of such appro~al shall be published by thc Commissiont.r in the Government Gazette, and thereafter the materials may be furnished to such occupier, and he and the land in respect of which the materials are furnished shall becorne liable for the repayment of the value of such materials, together with interest thereon, in the manner and subject to the remedies prescribed by the said Vermin- proof Fencing Act, 1890.
~ONSTL'l'Url'TOPu' OF VERMTN DISTRICTS AND BOARDS,

17, The Governor, by Proclawlation to be pnlolished in the ernor or may ro- claim Vermin E i B -

Governmefzt Gaxett~, may, with the consent in writing of the holders tricta.

representing one half of the ratable property, exclusive of un- occupied Crown lauds, within thc boundarics of such proposed area declare any lands sit uatc outside thc lirnits of Municipal Corpora- tions ancl District Councils to be Vermin Districts for the purposes of this Act, and assign a uame to any such District and fix the

boundaries thereof, and may in like manner cause any lands to cease to be Vermin Districts or portion of a Vermin District, or may vary the bountlaries of any District: Provided that a plan of thc District or alteration proposed shall be laid before P? r r 1' iainen t and be approved by resolutior~ of both Houses of the Legislature,

hold, leased, and u rrleasecl lands within the same. such plm to show the proposed boundaries and the amount of free- 18. In the event of any apportionment of propertry or adjust- Apportionment of

nlerlt of rights and liabilities as between two or more Vermin mentofrightS.	property and adjust-
Districts being rcndcred npcessary or expedient owing to the altera- tion of' thc boundarics of any District or I)istricts, the Governor s11a11 have tlie pomcr, by Procla~tlation published in the Gouernmmt
Gcrzettv, to make stzcli apportionrtitmt or adjustment.

19, In the event of a Vermin District being declared under this Contribution for

sist of a vermin-proof' fence already erectd by the Board of any

other Vermin District previously "declared under this Act, thc

Act, the boundaries or ally portion of the boundarics of which con- ~ ~ ~ ~ ~ ' l r e a a y missioner with tt portion not exceeding one-half of the then value of such ferrcc, ;tnd such itrnonnt shall be rlebitecl to the new district,

The

5 7 O & 58' VICTORIA3, No. 597.

The Vermin Districts Act.-1894.

- The amount so to be paid shall be agreed upon between the two

Boards, and if such Boards cannot or do not agree as to the amount within three months after notice shall have been given in writing by either Board to the other requiring that such amount shall be fixed, the amount may be fixed by the Commissioner by order published in the Government Gazett~, and immediately on such

I order being published the amount fixed therein shall become payable	by the Board liable to pay the same to the other; and in the case of
a vermin-proof or other fence the property of a lessee the Board or
Boards may pay to the owner the value of the fence, to be fixed by mutual agreement, or, failing that, by arbitration under Act NO.
510 of 1891. .

Appointment of	20. The Governor shall, on the proclamation of any Vermin District as aforesaid, appoint five persons to be the Vermin Board for such District, and may appoint one of their number to be chair- man of such Board, and may appoint two &ditors, and the members and auditors so appointed shall retain office until after the first annual election after the constitution of the District, and such Board shall have and exercise all the powers, duties, and functions of a Vermin Board, as hereinafter provided.
Boards and auditors.
Extrnordinar 6	21. If any extraordinary vacancy shall occur in a Board, the Board may appoint a member in the placc of the member whose seat has so become vacant, and the member so appointed shall con- tinue to be a member of the Board until after the first annual
vacancies in oard.

2, election after his appointment.

Bmrd be Corporate

body. 22, Fvery Vermin Board constituted under 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

by the Governor to the Vernlin District in thc Proclamation con- stituting the same. Every such body corporate shall have perpetual succession and a common seal, and shall by such name be capable

in law of suing arid being sued, and of doing and suffering subject	to this Act all other acts and things as bodies corporate may by law
do and suffer.

PART iv. PART IV.

OF THE MEMHEKS OF BOARDS.

~nali5cation of 23. Every male ratepayer of the district, and every person nomi-

members of Boarda. nated by the Surveyor-General, or by a ratepayer, by writing under

A C ~ NO. 419 of 1887, his hand, who has attailled the age of twenty-one years. is qualified

section 47.

to be elected, or, in the event of an extraordinary vacancy, to be

appointed a member of a Board, unless he is-

An uncertificated insolvent:

A person who holds the office of treasurer or any place of profit

i n the gift of the Vermin Board; A

57' "& 58" VICTORfA?, No. 597.

The T7ermin Districts Act. -1 894.

A person who directly or indirectly participates or is interested in any contract, except for advertisements and printing, with PART

-

or krnployrneit und'er the Vermin Board:

Provided that no person shall be disqualified from being or con- tinuing a member of a Board by reason of his receiving travelling expenses incurred in pursuance of and authorised to be paid by a resolution of the Board: Provided also that any person uominated for election to the Board shall be a resident in the district.

24. Any of the following acts and everits shall cause a vacancy ~ o w v a c a n e ~

in the office of member of a Roard, namely :- occasioned.

Death, lunacy, insolvency, the execution by the member of a Act No. 419 of 1887,	statutory deed of assignment for the benefit of his creditors, section 49,
or compounding with his creditors for less than Twenty Shillings in the Pound, or the conviction of the member of felony:

Sbsencc from the province, 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 consecutive ordinary meetings, declaring the office vacant, which resolu- tion the Board may pass, but are not bound to pass:

Arry disqualification, and notice thereof, by the disqualified per- son or some person on his behalf, posted or delivered to the chairman of the Board, or, if there be no chairman, to the Commissioner:

Resignation by notice posted or delivered as aforesaid:

Retirement by rotation, as provided by this Act:

The judgment or order of any duly authorised Court or Justices declaring the office vacant.

25. At the conclusion of the first annual election after the Annual retirement of

constitution of any Board all the members of the Board of every membera of a B&.

District shall retire. At the conclusion of every subsequent annual Ib., 8eolioo

election half the members of every Board shall retire, or, if the number be uneven, a majority of one shall retire. The members to retire shall be the member or members (if any) who hold office by appointment of the Board and thoae other members who have been longest in oflice without re-election, and, when the number cannot thus be made up, lots shall be drawn between those who have been

an equal time in office without re-election to decide which of them

shall retire, anti the retirement shall take place accordingly.

26. The chairman shall in no case be required to draw lots; chairman not todraw

but the other member or members with whom it would be necessary, lots.	but lb., rrection 61.
W,

13 57' & 58" VICTORIE, No. 597.

- - ---- "m-- --p --p

The Vermin Districts Act. -1 894.

- -- . " --

PART m. but for his position as chairman, that hc should draw lots, shall retire, or draw lots between them without the chairman, to decide which of them shall retire.

Retiringmemberflof

a Board to hold offlce 27. Members of aBoard required by this Act to retire shall go

until successors

out of office, but shall be deemed to hold ofice until their successors

appointed.

are appointed or elected.

Act No. 419 of 1887.

motion 63.

L O ~ S to be before 28, All drawing of lots by members of a Board to decide retire-

ments shall be had-before the notice is published in the Govervzme?zt Gazette, as hereinafter required, appointing the time and place for

~ b. , section 53.

the election of members of the Board.

Onfailureof members

to draw lote, chair- 2Q, Where lots are required to decide retirements, if the mem-

bers of a Board who should draw lots fail to do so within the tirric

m m or a Justice,

may prescribed by the last preceding section the chairman, or any Justice

"pn m.

resident in the District, on the request, in writing, of any one member

~ b. , section 64. of the Board, or any three ratepayers, shall, in the presencc of three or more ratepayers, draw lots and decide which of the members of the Board shall retire, and shall thereupon declare anti give public notice under his hand of the namcs of the mcmbers who are to retire, and they shall retire accordingly.

Vecancies existing at

the annul election 30, When, at the time of giving notice of the annual day of

meeting how supplied. election, there shall Fe vacancies on any Board, and no more members are reauired to retire at the election meeting for that

~b., section 65. year than there ace seats then vacant, there shall bc no n&d for any retirement of members, but the vacancies so existing shall be filled up at the annual election meeting; and if any vacancy or vacancies shall exist at the time of giving notice of any annual day of elec- tion, every member whose seat is so vacant shdl be taken to be a person bound to retire at the amual election meeting, and cvery such vacancy shall be filled up at the annual election meeting, and any other retirements which may be necessary shall be settled in

manner herein providcd.

Election of ch&man*

31. At the first meeting of any Vermin Board after appointment,

and every annual election, the members present shall elcct a chair-

Ib., section 66.

man from among them; and if ther6 shall be an equal number of votes for two or more mernbers having the largest nuqber of votes, the person to act as chairman shall be chosen by lot between those members having the equality of votes; but the omission to elect a chairman shall not prevent the Board from making such appoint* rnent at any future meeting. The chairman may resign his office at any time; and any vacancy in the office of chairman may be filled up at any meeting of the Board.

Retiring chairman

and membere re- 32. A member of a Board or chairman retiring from or ceasing

eligible.	to hold d ice, but duly qualified, shall be eligible for re-election.
Ib., eeotion 67.

PART

57' & 58' VICTORIA5, No. 597.

The Vermin Districts Act .1894.

PART V.

O F THE AUDITORS.

shall retire at the conclusion of the first annual election after the ment of ,auditors. 33. The auditors appointed by the Governor for each district Electionand m t b -

constitution of the Board; and 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. 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 shall have so held office the same length of time the auditor to retire shall. be dccided by lot to he drawn by the chairman before notice is given of the day for the election of candidates, and if the chairman shall so fail to draw lots both auditors shall retire; and no auditor who has been continuously in office for two years shall be eligible for re-election for the space of one year.

34, The qualification and disqualifications for the office of auditors. Q ualification of

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

except that an auditor need not be a ratepayer of the District, and A C ~ NO. 419 of 1887,

that no member of the Board of a District shall be altditor for the 59.

District. An auditor otherwise qualified to be a member of a Board

may be elected a member, and shall thereupon cease to be auditor.

35. Any of the following acts and events shall cause a vacancy How vacancies happen in the office

in the ofice of auditor, namely :- of auditor.

Death, lunacy-, being adjudicated insolvent, or the execution by Ib., Beetion

the auditor of a statutory deed of assignment for the benefit of his creditors: or compounding with his creditors for less than Twenty Shillings in t,he I'ound, or on conviction of felony:

Absence from the province at the time at which any periodical audit is appointed to be held, or non-attendance at any audit after fourteen days' notice shall have been given to the

auditor of the tilne and place appointed for holding the same: Election as a member of a Board:

Resignation, by notice posted or delivered to the chairman, if

there be a chairman, and otherwise to the Commissioner:

The judgment or order of any competent Court or Justices declaring the office vacant:

The being conoerncd, directly or indirectly, in any contract or dealing with the Vermin Board other than his employment

as auditor.

36. Any extraordinary vacancy occurring in the office of auditor Extrtlordinary

may be filled up by appointment by thc Governor, but any auditor auditOI..	vacancies in office of
so appointed shall only hold office until the annual election next

B-597 (?ftw

57' & ~8~ VICTORIW, No. 597.

l%e Vermin Districts A c t. 1 8 9 4.

]?ART	v* -	after his appointment, and if only one of the auditors shall have
been so appointed he shall be deemed to be the auditor who is to
retire under section 33, and the other shall continue in office unless he shall have acted as auditor continuously for the space of two yeare.

Auditing accounts. 37, The auditors shall, as soon as conveniently may be after

the half-y early balancing of accounts in accordance - with- this Act,

Act No. 419 of 1887,

aection 6 I. proceed to audib the accounts of the Vermin Board for the half-year

preceding the said half-yearly balance; and the Roard shall cause to be produced and laid before such auditors the said accounts, together with proper vouchers in support of the same, and all books, papers, and writings in the custody or power of the Roard relating thereto; and if the said accounts be found correct, such auditors shall sign the same in token of thcir allowance thereof.

Bdanoe-sheet to be

advertised in one 38. The Vermin Board &all cause the half-yearly balance-sheet

newqqer and in	to be advertised once in one of the newspapers of the said province,
G a ~ t t e.	and in the Government Gazette, within one month after the auditors

~b., section 62. have certified the same.

Auditors =fuse	39,	' The auditors may refuse to allow any person to be present
to allow persons to be

present at auditingof

at the audit of the accounts.

accounts.

Ib., section 63.

PART VI. PAIfiCrI' W.

O F ELECTIONS.

The District Office. 40. The Vermin Board shall have s suitable office for transacting

lb., section 64.	the business of the District, to be called the Vermin Roard Office,
for the District of

7 ~ h o mriy vote. 41, At any election of membcrs of a Board or auditors every rate-

Ib., eection 74.	payer of the full age of twenty one years whose name appears in the list of ratepayers entitled to vote for (he current j ear which is required by this Act to be published in thc Government Gazette, and any person
nominated in writing by the Surveyor-General or by a ratepayer to
vote in 1-espect of ratable property belonging to thc Crown. may give one vote for every fifty squnrc milcs, or fractioiml part of fifty square miles, of ratable property held by llim or by the Crown respectively, if the rates have been duly paid purs~mnt to the next follo~cing section. In case of joint tenancy, or tenancy in common, one person only shall vote, unless the land shall exceed 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 there- of; and joint tenants, or tenants in cormnon entitled to vote, map vote

1 ill the order in which they tender their votes until votes shall have been taken for the whole area,

42. No

57' & 5 8 O VICTORIZ, No. 597.

- v-

The Vermin Districts Act.-1894.

- -- U--

No ratepayer shall be entitled to vote at any election until all rates which shall have been declared six months previously, Batw to be prid prior PART yr.

42.

according to the provisions hereof, and which shall then be payable to voting.

by him in respect of the property for which he may claim to vote, Act No. 419

1887,

shall have been ynicl; and anv ratepayer may object to any person section 76.

attempting to vote if such rates shall not have been paid. The

secretary shall cause a list of all ratepayers who owe any rates to

be produced at every polling-glace, but the non-production of such

list shall not invalidate the proceedings.

43. The Commissioner shall, in the month of April in each year, Commiesioner to publish list of persons

cause to be prey ared and published in the Government Gazette entitled to vote.

alphabetical lists of ratepayers entitled to vote for the election of r d A 4

members of the Board in each Vermin District, with the number of	z s. 6 r r a ~~~~4~
votes to which each ratepayer is entitled set opposite his name.

44, 'l'he Vermin Board shall, by notice published in the Govern- Board to appoint time and place for

rnmt Gazette for four consecutive weeks, appoint the time and place h olding meeting for

for the meeting for the annual or any other election of members

and auditors o f the Board, the time of such annual meeting to be &U-

not later than six weeks after the annual meeting of the Board for - % & ?-

the current year. The place of meeting to be fixed within the	, F ~ ~
Vermin District. 6

45. At such meeting a chairman shall be appointed by a show Proceearnea at meet-

of hands of the ratepayers present in person or by proxy, and if no ings for election.

more persons be proposed as members of the Board or auditors, as

the case may be, than are required to bc elected, the chairman shall

forthwith declare such persons duly elected. If a greater number

be proposed than are required, then the majority of the votes of the

the ratepayers present in person or by proxy and entitled to vote

shall elect the members of the Board or auditors, as the case may

be, of the district, and for the purposes of the voting each ratepayer C L ? - - r ~ Af

shall bc entitled to the number of votes prescribed by section 41.

the forms of proxy and voting-paper contained in the Schedule for elections. 46. Ratepayers may vote at every such meeting by proxy, and Voting at meeting8

hereto, or other forms to the like effect, may be used. In case of an equality of votes in any election, or on any question, the chairman of the meeting shall have a casting-vote in addition to any vote or votes he may have as a ratepayer. Upon the result of any such election being ascertained, the chairman shall certify the same to the Commissioner for the information of the Governor.

47, Wherever the annual r other election shall from any o n failwe of annual election and on extra.

bo made as appointed by this vacancy,

shall afterwards become wholly w~plomentary elec- /gdQ -

shall be held in the same tion to be held.

&A -6 -443'

manner as to be held, or as may be c - l e 4 A - F = - ?

4%. Within

12 57' & 58" VICTORfE, No. 597.

The Vermin Districts A c f. 1 8 9 4.

PART YI. 48. Within fortyeight hours from the election of any person to

a a i ~ ofelt~ti011 to ' any office in the District, the Board shall cause to be delivered or

be given to each

won elected, and to P osted to such person a notice informing him of' such election, and

g.hmfied in Q a ~ t c. within fourteen days of such election shall cause a notice thereof to

A d No. 419 of 1887,	be inserted in the Government Gazette.
eection 83.
mere Board

twenty-one days to 49. If the Board shall fail to proceed as by this Act required to

hold election, reaidamt any election for the space of	twenty-one days from the last day on
Juatice or Special

Magistrate, on request, which such election is required by this Act to be held, any Justice

to bold the election. of the Peace or any Special Magistrate may, upon the request in

writing of any three ratepayers of the District, do every act by

Ib., section 86. this Act required to be done for holding such election.

PART VII. PART VII.

OF THE MEETISGS O F THE BOARD.

Secretary to be

appointed.

50.'*The Vermin Board shall appoint a male person of full age,

who is not a member of the Romd or auditor, to be secretary to the

n. , section 86. Board; but any member of the Board or other person appointed as

hereinafter provided may perform the duties of such secretary in his

absence.

The annual meeting

to be held. 51. The annual meeting of the Board shall be held in the

twelfth month after the appointment of the Board, and thereafter in the twelfth month of every succeeding year, at the Vermin Board

~ b. , section 87.

Office, on such day and at such hour as the Board shall determine.

Ordinafy and special 52. Ordinary meetings of the Board shall be held at the Vermin

meetings.	Board Office at such times, not being less than one in each quarter,
lb., section 88.	as the Board shall from time to time dctcrmiue; and special meetings may be held at any tirnc! and at any place within the District. Any meeting may be adjourned to any time and to
done at an annual or ordinary rnccting may be done a t a special any place within the District, and any business required to be
meeting.

special meetings. 53. A special meeting may be called by the chairman at any

Ib., section 89.	time, and, on the requisition, in writing, of any three members df the Board, i t shall be his duty to call such meeting: and if the V ' 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 bv them, and stating the object of such meeting and the time and place of holding the same.
F Q - ~ D ~ W ' notice
of meetings.	54. Unless and until otherwise provided by by-law, fourteen days' notice of every meeting, signed by the secretary, shall be scnt by

~b.,	section go.	post to every member of the Board informing him of the time and
place of meeting, and, in the case of a special meeting, of the busi-
ness to be done thereat.

55. At

5 7 O & 58' VICTOKIE, No. 597. 18.

. -pp-- ---

The Vermin Districts A c t. 1 8 9 4.

55. At all meetings of the Board, except where otherwise provided by this Act, one-half or a majority of the members for the Quorum.	PART m-
-

time being shall form a quorum, but "the secretary, in the absence

of all the members, or any member present alone, or the majority Adjoummtmt where

of members present at a meeting at which there shall he no quorum, no quorum.

may, at the 6xpirntion of half an hour from the time fixed for such Act No. 418 of 1887,

meeting, adjourn the same, and any business which could have been ,e,,i,n

,,*

transacted at such meeting may be transacted at the adjourned

meeting.

58, At every meeting of the Board the chairman, or, in his w h o istopresi&,md

absence, such &ember as the members assembled shall choose to his ''ght to

preside, shall preside, and shall have a deliberative vote, and, in case Ib.,	92.
of equality of votcs, a casting-vote.

57. Notwithstanding any vacancies in the office of membcr of Bminess of B& h'

a Board the business of the Board shall be carried on by the withstanding'iaeanog	be carried on not-
member or members actually in office, who shall have a11 the powers
~ b. , section 93.

of

the Board.

58, All proceedings of the Board, or of a committee of the Proceedings of Board

Board, or of any person acting as a member of the Board, shall, defectof appointment, valid notwithstanding

notwithstanding it may- be afterwards discovered that there was some &c.

defect in the el&tion ;r appointment of the members of such Board

or committee, or any of them, or of any person acting as aforesaid, or	' I b., section 94.
that they or any of them were incapable of being members of the Board, be as valid as if such members or member, or such person, had been duly elected or appointed, and was capable of being a member.

59. If, in consequence of death, absence, or any lawful im- In case of inability of

pediment, it shall be impossible or inconvenient for the secretary or z:zi::;;,%air-

any member or other person to perform any particular matter or manor Boardmay appoint another

thing which by this Act he is required to perform, the chairman, or ,,, , do , .

if, for the like reason, it shall be impossible or inconvenient for the

chairman, the ~ o a r d, ' may ~erforrn ihe matter or thing, or appoint Ib., section 95.

some membcr or other person to perform it.

6Q. If the day for any meeting, or adjourned meeting, or for Busineas fallingon

any business required by this Act, or any by-law to be held or done, Sunday, &C.

shall fall on a Sunday, Good Friday, Christmas Day, or public Ib.,

s6.

holiday, such meeting shall be held, or business done, on the third

business day after the day on which it fell.

61, No resolution passed at any meeting of the Board shall be Resolutions, how

revoked or altered at any subsequent meeting, urlless written notice revdked or alterca.

of an intention to propose such revocation or alteration be given or Ia,,	97.
posted to each of the members twenty-one days at least before holding the meeting, nor unless such revocation or alteration be determined upon by a majority consisting of two-thirds of the mem- bers present at such subsequent meeting if the number of members

present

5 7 O & 58' VICTORIE, No. 597.

The V7ermin Districts Act.-- 1894.

PART W~	present at such subsequent meeting be n o ~ greater than the number present when such resolution was come to, or by a majority if the number of members present at such subsequent meeting be greater	-	-
than the number present at such former meeting.

and quorum. w i t h s of B M 92. The Board may, from time to time, as they may see fit,

appoint occasional or standing committees, and may fix the quorum

a c t NO. 419 of 1887, d-every such committee; arid every such cowmittee sliall appoint

eection 98.	one of the members thereof to be chairman of such committee; and the "Board may, from time to time, continue, alter, or discontinue such committee, and such committee may, from time to time, remove such chairman; and every such committee shall report to
the Board.

M~tinge of corn- $3. Every committee so appointed may meet from time to time,

Ipitte68, quorwn, asd

voting.

and may adjourn from place t,o place, as they may think proper. but no bu~liness shall be done at anv meeting of a committee unless the

~b., section 99.

quorum (if any) fixed by the Board, 'br, if no quorum be fixed, three members, be present; and at every meeting of the committee, if the chairman of such committee be not present, one of the members present shall be appointed chairman of such meeting, and all questions shall be determined by a majority of the votes of the members present; but the chairman shall have a deliberative vote, and, in case of equality of votes, a casting-vote.

Minuleflf m*tings* 64. The Board shall cause minutes of all the meetings of the

Ib., r~ection 100.	Board, and of every committee thereof, and of the proceedings thereat, with the names of the members who attend at each meeting, and t,he names of all members voting on any question for the decision of which a division is called, to bc duly rmde from time to time in books provided for the purpose, and to be kept by the secretary under the superintendence of the Board. The minutes of every Board meeting, and of every meeting of a committee until a report is ag;eed 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 01
the meeting at which the same shall be confirmed, or if he shall refuse or neglect so to do for .seven days after such meeting, then
by any two members present and entitled to vote a t such meeting; and 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.
Minute-booka and
certified @racta	65. Every minute purporting to be such minute as aforesaid, and to be so signed, or a copy of or extract from any such minute purporting to be attested by the seal of the Roard and signed by
taerefmmeviaence.
lb.! section lol*	the secretary, shall be received as evidence in all Courts, and before all ~ u d ~ e s, . bodies politic, and persons, without proof that the meeting to which the same refers was duly convened or held, or that the persong attending thereat were members of the Roard or members of committee, or of the signature of the chairman or

members,

57' & 58' VICTORIE, No. 597*

The Vermin Dist~icts Act.-1 894.

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; bnt all such matters shall be presumed until the contrary is proved, and all such books shall, at all reasonable tinics, be open to the inspection of any member of the Board, and of any creditor of the Board, and every ratepayer of the district may inspect and take copies of the same a t all reasonable times on payment of One Shilling to the secretary.

PART VIIZ.

OP CONTRACTS AND WORKS.

66. The Board of every District may enter into contracts for

may make, wry, and

Modes in which Board

the purposes of this Act, and every such contract may be made, discharge contracts.

varied, or discl~argcd as follows, that is to say :-

Act No. 419 of 1887,

I. Any contract which, if made between private persons, would be by law required to be in writing arid under seal, the Board may make ill writing and under the common seal of the Board, and in the same manner may vary or discharge the same: section 102.

11. Any contract which, if made bctwceii private persons, would Ib., section 102.

be by law required to be in writing, signed by or on behalf of the parties to be charged therewith, the Board may make 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 behalf of the Board, and may vary or discharge such contract in the same way as it was or might have been made:

I r r. Any contract which, if made by private pcrsons, would be

by law valid, although made by par01 only, and not re-

d;lced into writing, may be made by the Board in either

of the two ways aforesaid, or by any person acting by the direction and on behalf of the Board by p a d, with or witl.1011 t writing, and may be varied or discharged in the

s i m c rxlmncr as it was or might have been ~nade :

A n d all contracts made according to the provisims herein contained

slrttll be effrctual in law and bi~ldirlg on the parties thcreto,

67. The Board may compound with any party who has entered Board may compound

into any contract with the Board, or by or against whom any action c1Riu18-

or pro~eer\ing has been brought or threatened on behalf of or against Ib., Beorion 10S.

the Board for any cause whatsoever, for such sums of money or other

consideration R S -the Board shall think proper.

68. Subject to the approval of the Commissioner, the Board Power for Board to

may, from time to timc, contract, upon such terms as they think fit, publiobodisain contract with other

wit11 :my other corporate or public body 611- or with respect to the certain owes.

doing a& the control and nianagement by rither or both of the

contracting ~ b. , section 104.

57' & 58' VICTOKIW, No. 597.

The Vermin Districts Act.- 1894.

PABT ~ 1 1 1. contracting parties of any matter or thing which such contracting parties are or either of them is by law empowered to do, control, or manage; and the Board may c;irry out such contract according to the tenor thereof.

Works and under- 69. The Board may carry out all works and undertakings and

*gs

do or cause to be done all acts and things necessary for the suppres-

sion of wild dogs by the erection of vermin-proof fencing.

~oardmay	enterupon	70. For the purpose of giving effect to the last preceding section, i t shall be lawful for the Board, its officers, servants, and agents, to enter upon any lands within the district, and to cut timbcr and to clear land for a space of six feet in width on either side of any fencing erected or to be maintained by the Board, and to do all other acts and things necessary for the purposes aforesaid without being liable to any owner or occupier upon any claim or dc- mand whatsoever in respect thereof.
lands, &c.

B W ~ mypurchaae 71. The Board may, for the purposes of this Act,, purchase any

fence.

fence erected along the boundaries of its District, or which it may

find i t convenient to acquire for the purposes of this Act.

Contribution to 72. Where two Vermin Districts have a common bouudary,

Gon offence by other ancl the Board of either District dcsires to erect wire netting or a Boards.

vermin-proof fencc dong such common boundary or any part thereof, such Board mav require the Board of the other District to join in or

~ a & of A C ~ 559 of

1892, section 7. contribute in & equal proportion to the cost of erection of such wire netting or fence between their respective Districts, by scrvinu i t with a notice to erect onehalf of the particular kind of wire netting or fence it is desired to have erected, the situation of such half being specified in the notice.

Notice, how authenti- 73, Such notice shall be sufficiently authenticn tcd, without the

cated and served.	common seal of the Board if' signed by the chairman, or by the
chairman or the secretary of the IZoard to which i t is intended to secretary, m d may be served by posting the same, addressed to the
be given.
In default, Board oing notice may	74, If within thrce months after the service of any such notice to fence the Board served with the same shall not haye begun to

f n w .

erect its portion of the wire netting or fencc, or shall not be pro-

~b.,	section 9.	ceeding with such erection with all rea.sonn.11le speed, the Board serving the notice may erect the whole of the wire netting or fence, and may recover half the cost of erecting the same from the other
Board in any CO urt of compctcnt jurisdiction.

Clearing land along	75, Any Board erccting a vcrmin-proof fence along the com- mon boundary between its district and another district, shall he entitled to clear all scrub for a width imt exceeding six feet on each
fence.

~ b. , section 9.

side along the length of such fence, and the cost of such clearing

shall be deemed to be a part of the cost of such fencc.

76. The

57" & 58" vIcToRIB, No. 597.

The F'krmin Districts Act.1894.

76, The cost of maintaining and keeping in repair any vermin- PABT VIII.

proof fence erected along the boundary between two districts	Cost of maintaining
shall be borne equally by the occnpiers of land on each side of the	fence.
fence, except in case of destruction by flood, fire, or other unforeseen cause, and when the cost of repair shall exceed Twenty Pounds, in which case the cost shall be borne equally by the Boards of the two districts.-

PART LX.

OF REVENUE AND EXPENDITURE.

Revenue Generally.

77, The revenue of a Board shall consist of the moneys fol- lowing, namely :-	Revenue of Board, of
what it shall consiet.

(l) Rates which under this Act the Board is authorised to de-	Act No. 419 of 1887,
section 126.

clare:

(2) Fines and penalties imposed or inflicted for any offence against this Act, or any by-law made hereunder, and committed within the District, or for any offence committed by or for any breach or neglect of duty on the part of any member of a Board, ratepayer, officer, or other person in any matter relating to the District or Board, or to any member of the Board, or officer, or in respect of any election ox other meeting or proceeding in connection with such District or Board, member of the Board or officer; all which fines and penalties shall be paid to the Board for the use and benefit of the District, save any fine or portion thereof ordered to be paid to any other person in pursuance of this or any other Act:

(3) All other moneys received by the Board, or by arty officer by

virtue of this Act or any by-laws, or otherwise, and not being moneys which such officer may be entitled to retain.

78, All moneys received by any officer on account of the Mone to be paid into 8iBtri.t fund, to

Board shall be ~redit~ed to o fund to be called the Vermin Board be banked when

Fund, and shall be paid into the bank appointed by the Roard to amounting to Five Pounds and drawn ou t

receive the same. Such payment shall in every case be made as by

soon as the moneys in hand amount to Five Pounds, or more.

Every payment of more than One Pound made on behalf of the 1b.s ~ t i o n	128-
Board shall be by a cheque on the Board's bank, drawn by the
chairman and two members of the Board, authorised from time ta

time by the Board in that behalf, and countersigned by the secre- f l k x r c, -c 9

tary. Payments of less than One Pound may be made out of a petty cash account, which shall be replenished from time to time I s g 7-6

e / B " ' u

by cheques drawn for that purpose.

79, A Board may expend its moneys as follows :- Revenue, how to be expended.

I n preparing for, carrying out, improving, and maintaining any

works and undertakings by this Act authorised: lb., section 129.

I n paying salaries and fees to any officers of the District, or per-

sons in the employ of or appointed by the Board: h

57' & 58" VICTORIE, No. 5-97.

The Vermin Districts A c t. 1 8 9 4.

In payment of or towards the travelling expenses of members in attending the meetings of the Board, or when engaged on special business a t the request or by thc authority of the Board: Provided that such request or authority shall be in writing:

I n the remuneration of professional and other like services, which are necessa~ry or desirable ilr and about the property and business of the Board:

And generally in performing the duties and doing the business of the Board as required or authorised by this Act, or any other Act for the time being in force in that behalf:

Provided that no Roard shall expend in any year for salaries and fees to officers, printing, advertising, stationery, and office expenses, more thanrea+te&h of thc whole of the rates declared for the District for that year.

'Dtoardtokeepaccount 80,

of moneys received	Every Roard shall keep true and regular accounts of a11 sums of money received and paid by such Board, and of the several purposes for which such sums of money shall have been received and
and paid.
a c t No- 419 of 1887,	paid, and shall cause such accounts to be balanced twice at least in
section 131.
every year ending on the thirtieth day of June; and every ratepayer
of the District shall and may, at all reasonable timcs, upon payment
of a fee of One Shilling to the secretary, and every auditor for the District may at all reasonable times, without payment, inspect and take copies of or extracts from such accounts, both bcfore and after
the same are audited, and of the abstract and statement of balance
in the following section mentioned.
Board shall cause

annual accounts to be 81, Every Board shall, during the month of July next after the

made.	appointment of the Board, and, during the month of July in each succeeding year, cause an account in abstract to be prepared show-
1b.t w i o n 132.	ing the total receipt and expenditure of all funds reccivcd by virtue of this Act for the year ending on the thirtieth day of June, as
ture; with a statement of the balance of such account duly audited aforesaid, under the several distinct heads of receipt and expendi- and certified by the auditors and also by the chairman of the Board,
or two members of the Board, and by the secretary.

PART X. PART X.

OF MAKING AND RECOVERING RATES.

Befom making rate

Board to make esti- 82, The Board from time to time, before proceeding to make

mate, and keep it	any rate by this Act authorised, shall cause an estimate to be pre-
P booLfor	pared of the money requircd for the several purposes in respect of
Ib., aection 164.	which they are authorised to expend or apply the District Fund, showing the several sums (if any) already available for such purposes, and the several sums required, the number of square miles of ratable property within the district, and the rate or rates per square mile which will be necessary to raise the money required, which estimate, after the same has been approved of by the Board, shall be entered in a

book,

5 7 O & 58' VICTORIW, No. 597.

The Vermin Districts A c t. 1 8 9 4.

book, to be called the Estimate Book, which shall be kept at the	-
Vermin Board Office, and shall be accessible to the ratepayers at all reasonable hours.

83. After making such estimate the Board shall, for the general General rate. Y

purposes of this A C ~, declare a rate on the ratable propcrty'within

the District, for the year ending the thirtieth day of June next ,e,tion 156.

Act Xo. 419 of 1887,

after the declaring of the rate: Provided that such rate shall not excced Four Shillings per square milc of the ratable property within the District: Provided also that the Board may, wherever it shall deem it equitable so to do, declare a smaller rate or smaller rates in respect of any ratable property to be specified by the Board, adjoining or in proximity to any existing or intended or proposed vermin-proof fence by reason that it is not or will not be benefited by any such fence to the same extent as the other ratable

property within the district: Provided also that in the case of land 6

enclosed with a vermin-proof fence, which, in the opinion of the .'J a i.6

Vermin Board, is erected and maintained in an effective manner,	v / V a w
shall exempt such vermin-proof fenced land from such rate, provided

that no portion of such fence has been purchased by thc Board.

84. Immediately, or as soon as may be, after the declaration of Commissioner to

a rate the Board shall inf'orm the Commissioner thereof, and the Corn- ~ ~ ~ ~ $ ~ ~ ~ ~ ,

missioner shall forthwith publish a notice in the #ouer?tmmt Gazette persona liable to pay	the same,	and the
containing the names of the ratepayers liable to pay such rate, the amount thereof, and the date on which the samc must be paid.

85, Rates shall be payable to the Commissioner, and may be RBW to be payable

levied and recovered by or under the authority of the Commissioner "E:$, :::

in like manner as any vent is or shall be recoverable under any lease, by him.

or in a summary way bcfore any two or more Justices; and in case & ! t &'

such rate shall be le&d by diskess, an order under the hand of the C _ U W L M ~

Commissioner shall he a sufficient warrant and authority to distrain. U-& 2 6 fl6c-r

74469% 4300

86. If any rate payable under the authority of this Act be not pem1tp fornon.psy-

paid on or betbre the day appointed for the payment thereof, a 2;:,"i;:;,"cth9

pcnalty of five per centum shall be added to such rate; and if the said rate be not paid within three months after such day, together with such penalty, a further perdty of five per centum shall be added; and such rate and penalties shall be recoverable at any time after they shall becomc due by the Commissioner, by action in his own name in any Court of competent jurisdiction.

87, On receipt of the proceeds of any rate or rates as aforesaid, Commissioner to pay

the Commissioner shall pay the same to the credit of the Board in the Bowd.	rates into the bank of
the bank appointed by them.

88, The Commissioner shall be entitled to be reimbursed all Commisnioner to be

costs and expenses incurred in receiving, collecting, recovering, and ~ l l ", ~ t ~ ~, " ~ & f

distributing rates by the Board rccciving the same, and he may tributingrstes.

deduct suc'h costs and expenses from tbe of any rat&

passing through his hands, or recover the same by action, as he may

deem expedient. P.,QRT

57' & 58" VICTOKIW, NO. 597.

The Vermin Districts Act.-1894.

PART XI.

OF LOANS.

Board may obtain

loan from Govern- 89. If the proceeds of one year's rate shall be insufficient for

ment.	b	the erection and maintenance of the fence or fences decided upon by the Board it shall be lawful for the Board to borrow money from the Government for the purpose of defraying the cost of such work; and repayment of the sum advanced by the Government, togethcr with interest thereon at the rate of Five Pounds per centurn per annum, shall be made to the Government in equal annual instal- ments extending over such a term not exceeding ten years, and pay- able at such time or times as may be agrced upon between the Board and the Commissioner, and the payment of each annual instalment is hereby made a first charge upon the annual rates of the District.
loan.

G o v m m a ~ san t 90. The Governor may, on thc application of the Board, from

time to time grant a loan to such Board out of any money voted by

Parliament for the purpose mentioned in the preceding section.

ing to prepare plane,	B~ardbefOrebo~ow- 91. Before proceeding to borrow any money for the purpose
estimates, &C. aforesaid the Board shall cause to be prepared plans and specifica- tions, and an cstimatc of the cost thereof, and also a statement
Act 419 of rs879 showing the proposed expenditure of the money to be borrowed,
section 167.

and such statement shall be open to the inspection of the rate-

payers.

apply rates towarda 92. Upon default being made by the Board in the repayment	Commissioner may
repavrnent in case of of any loan or instalment, the Commissioner shall have all the ai~dt. right; of a creditor of the Board in respect of any sum of money

due in respect of such loan or instalment, and may from time to time apply the proceeds of any rate or rates received by him or passing through his hands under the provisions of this Act towards the payment of any such sum of money as aforesaid until the same

hall be fully paid or satisfied.

PART xrr. PART XII.

OF THE OFFICERS OF THE DISTRICT.

O@cers Gmeratly.

Appointment, re-

moval, and salaries of 93. The Board may from time to time appoint lz District sccre-

officers.	tary, a treasurer, a s;rveyor. an oversecr of works, inspectors, and rangers, and such other officers as may be necessary to assist in the
Ib., seotion 214-	execution of this Act; and may from time to time remove any of such officers and appoint otherg in the room of such as may be so removed, or as shall die, resign, or discontinue their offices and may, out of the District Fund, pay such salaries and allowances to the said officers respectively as the Board may determine.
Security for fidelity

of officers entruskd 94. Before any officer entrusted by the Board with the custody

with moneys. or ~optrol of any moneys by virtue of his office er~tcrs thereon, the

Board

The Vermin Districts Act.--1894.

Board may take sufficient security by wrty of guamnty from some	PAW
person or company or by deposit for the fidelity of such officer in N ~.	419 of 1887,

respect of such moneys. section 216.

95. Every officer appointed or employed by the Board by virtue AU officers to deliver

of this Act shall, from time to time, when required by the Board, ~ $ ~ ~ d ~ ! ~ h e r 8

make out and deliver to them, or to m y person appointzed by them balances.

for that purpose, a true and perfect account, in writing, under the	hand of such officer, of all moneys received and of all moneys paid Ib., section 218.
by him on behalf of the Board; and such accounts shall show from whom and on what account any such moneys have been received,
and to whom and on what account any such moneys have been paid,
and, together with such account, such officer shall deliver all vouchers and receipts for such payments; and every such officer shall pay to the Board, or to any person appointed by them to receive the same, all moneys which appear to be owing from such officer upon the balance of such accounts.

96. If any such officer fail to render such accounts as aforesaid, officers failing to render accounts, or to

or to produce and deliver up the vouchers and receipts relating to payb&ce,ord&ver

the same in his possession or power, or to pay any moneys in his g,"'r~;o~*yof

hands payable to the Roard when thereunto required, or if, for seven

days niter bcing thereunto required, any officer of the ~ o a r d fail to ra., section 219.

deliver up to the Board, or to any person appointed by them to receive the same, all papers and writings, property, matters, and things in the possession or power of such officer relating to the execution of this Act, or belonging to the Board, any two Justices may hear and determine the matter in a summary way, and may order such o6cc.r to render such accounts or to deliver up such vouchers and receipts as aforesaid, or to pay over the moneys owing by him, and to deliver up all such papers, writings, property, matters, and things; and if such officer neglect to obey such order, he may be committed to gaol by any Justice for any period not exceeding

six months.

97. All such proceedings against any officer as are rnentioiied proceeding8 may be taken against ofacer or

in this part of this Act may be had and taken and enforced against past O ~ C W, and

such officer after he shall h v e ceased to hold his office, and no such not preclude Board

from any remedy

proceeding against any officcr or past officer shall deprive the Board against eurety which

of any remedy which they may otherwise have against any surety of	~ ~. m i ~ b O t h e m i a O
such office^. or past officer.	Ib., section 220.

PART XIII. PART XIII.

OF BY-LAWS.

98. Subject to the provisions of this Act, the Board may from Purposes for which by-laws may be made.

time to time make by-laws for carrying out the provisions of this

A ct, and for the following purposes :- Jb., motion 290.

For regulating the manner of calling and holding meetings of

the Board and comxnittccs thereof, and the quorum of such +

cammittees: Far

22

-- 57' & 58" VICTORIE, No. 597.

The Vermin Districts Act.-1894.

PART XIII. - For regulating the form and places of posting of "public notices"

to be published by the Council:

For regulating elections and the taking of polls, and the appoint- ment of all or any officers or other persons for carrying out any of the purposes of this Act in relation to elections or polls:

For regulating the appoiotment, duties, and control of all or any

officers or servants of the Board, and of the time arid mode

of payment of their salaries and fees:

For fixing or regulating the securities to be taken from or on behalf or to secure the fidelity of any officer or servant:

For making or declaring rates:

For the appropriation and expenditure of the revenue of the

Baard:

For the punishment of persons falsely representing themselves to be officers of or appoiuted by the Board:

For the more effectual exercise of the powers, and discharge of the duties and liabilities, conferred and imposed by this Act on the Board:

For fixing the pecuniary penalties for offences against or breaches of such by-laws, or any of them, and for fixing additional penalties for a repetition or continuance of any offence: Pro- vided that, except as hereinafter mentioned, no penalty for any single offence shall exceed Ten Pounds, and no penalties for a repetition or continuance of such offence shall, in the aggregate, exceed that amount.

By-laws to be pawed $9, Such by-laws slia13 not be passed except at a meeting of

bp two-thirds of

members in office. the Board at which at least two-thirds of the members then in office shall be present; and any such by-law shall not be of any force

Aat No. 419of 1887, until signed by the chairman and secr~tary	and confirmed by the
section 291.

Governor, and published in the Government Gazette ; and after one month shall have elapsed from such publication, the by-law shall have the force of law, and shall, until altered or repealed, have effect within the District as if such by-laws were part of this Act.

No by-law to be

repugnant to any laws 100. No such by-law shall be repugnant to this or any Act of

the Legislatnre of the said province, or to the general spirit and

;1 force in the pm-

v i n ~ oranyregula- intendinent of the laws in force in the said province, or with m y

tion procL9imed bp the

Governor.

regulations made by the Gover~ or u ~ d e r any Act for the time being

Ib., section 292.

inforce, and no Board shall be authorised to inflict any punishmeG

except by way of fine as above provided.

HOW by-laws may be	101. Every by-law may be altered or repealed-
altered and repealed.

By any subsequent by-law inconsistent therewith or expressly

Act No. 419 of 1887,

eection 293. altering or repealing the same:

BY

57' & 58" VICTORIB, No.. 597. 28

The Vermin Districts Act.-1894.

By any regulations made by the Governor under any Act for PUT xrm

the time being in force which regulation is inconsistent

with such by-law:

By Proclamation by the Governor, published in the Govern-

ment Gazette: expressly altering or repealing such by-law.

102. Notwithstanding the repeal or alteration of any by-law, saving of pastopera.

alteration thereof shall be adjudicated upon and punished, and every

every offence committed against such by-law before the repeal or Er::?;$!: Or

act or. proceedillg done or commenced, and every right, privilege, Ib., section 294.

or protection acquired, and every liability incurred shall continue

be prosecuted, and bc of the same force and effect as if such by-law

had not been altered or repealed.

103. All by-laws made under this Act shall be intituled as of ?OW by-lawa tobe

the District of which they are by-laws, and according to the pur- bered. intltuled and num-

port thereof, and according to thc part or section of this Act under

which they are made, and shall be numbered consecutively and so Ib., section 295.

that no by-law shall bear the number borne by any other by-law of

the District.

104. No person shall be prosccutcd or punished for the same No one to be aubject

offence under this Act, or any by-law made thereunder, and also tioo under	to a double rosecu-
andany 0therAct.
under any other Act or any by-law or regulation made thereunder.	Ib., section 297.

105. If any ratepayer of a Ilistrict desires to dispute the validity Facilities for testing the validity of by.

la,,.

of any by-law made, or purporting to be made under this Act, such out costs, as to the Court shall seem fit: Provided that no such rule

ratepayer may apply to the Supreme Court, upon an affidavit setting

out the facts, for a rule, calling upon the Board concerned to show Ib.9 ~ ~ t i o n 2 9 8.

cause why such by-law should not be quashed for illegality, and the

to show cause shall be drawn up until such ratepayer shall have

paid into the Supreme Court the sum of Fifteen Pounds as security

for the costs of the proceedings,

PART XIV. PAET XIY.

O F THE ENFORCEMENT OF THIS ACT AND OF

PENALTIES.

Pena Zties.

106. Every person who at the time of his appointment or election Disqualified pernon acting as member of a

to the office of member of a Board or auditor shall to his knowledge Board or auditOF

t o b

be disqualified to act in such office, or who after his appointment or fined-

election shall become disqualified, and who ahall in any manner act Ib,, lection 209,

as

57' & 58' V ~ T O R I B, No. 597.

The Vermin Districts Act.-189 4.

PUT xIT* ; t ~ a member of a Board or auditor after his appointment or election: and his knowledge of the existence of his disqualification, shall be liable to a penalty of Ten Pounds.

Disqualified mon

g i n notife oydia- 107, Every person appointed or elected to the office of member

aualifioationa of a Board or auditor, and who at the time of his appointnient

default to be fined- or election shall be disqualified, or who shall after his appointment Act No. 419 of 1887, or election become disqualified, and who shall not within fourteen eecttion 300. days after having knowledge of his appointment or election and the

existence of his disqualification, deliver or send through the post to the chairman of the Board, or, if there be no chairman, to the Commissioner, a notice stating the fact of such disqualification to act as member of the Board or auditor, as the case may, with the grounds thereof, shall be liable to a penalty of Ten Pounds.

Pemn elected or	108. Every member of a Board who, being duly qualified and
a

0:. pointsdsm B W ~ a a member tciirig duly elected or appointed, shall be called upon in manner by this Act

to defend hie title to	prescribed to defend his title to his office, and shall by default, or by
the Omce to be hed.	collusion with any person laying the information against him, suffer

mtio,., 809. an order to be made declaring his seat to be vacant, or that he is not a member, shall forfeit and pay a penalty of Twenty Pounds.

Penalty on minors 109. Every person who, not being twenty-one years of age, shall

voting at elections or

acting as rnembera of vote at any election held under this Act, or shall sit or act as a

a B O ~. member of a Board under this Act, shall be liable to a penalty of

lb., seation 303. Ten Pounds.

shareholder in m- 110. Every member of a Board who shall be a shareholder or a

pany which ie inter- member of any incorporated company, and who shall vote ns member

e*d, voting, liable

to a pndty.	of a Roard in any question in which the company of which he shall be a shareholder or member is interested, shall forfeit and pay a
Ib., section 304.	penalty of Twenty Pounds.

Personsbribingvoters

a 111, Every person who shall give any money or other article to

may 'se 5 e d or im-

prie~~lea.	a voter with a view to influence his vote, or who shall hold out to
him any promise or expectation of individual profit, advancement,
lb., eeotion 308.	or enrichment in any shape in order to influence his vote, or make use of' any threat to a voter with a view to influence his vote; and every voter who shall receive any money or article for his vote, or shall, in consequence of any promise of profit, advanceme~t, or enrichment promise his vote, shall be guilty of a misdemeanor and be liable to pay a penalty of not less than Ten Pounds or more than Twenty-five Pounds, or to be imprisoned for any period not exceed- ing three calendar months.
PereonsrnrJdng false

answers to queetiom 112. Every person who shall wilfully make any false answer to

M to voting at

any question put to him under this Act by any officer or person

electione guilty of

having authority in that behalf touching any voting-paper tendered

miademc#mor.

by such person, or the right of such person to vote, shall be guilty

lb., section 309.

of a misdemearior, and be liable to be imprisoned, with or without

hard labor, for a period not exceeding twelve calendar months.

113. Eve~y

57' & 58" VICTORIW, No. 597.

The Vermin DGtricts Act.-1894.

113. Every officer or other person who shall be entrusted with or receive money under this Act, or by virtue of any office to which officer misappropriat- PART XIT.

he may be appointed, or by virtue of any duty confided to him by larceny.	ing money guilty of
the Board, and shall fraudulently dispose of or retain in his posses-

sion or apply to his own use the same money, or any part thereof, ~ c t No. 419 of 1887,

section 310.

shall be deemed to have stolen the same and be guilty of larceny.

any officer or person employed by them in the performance of my- ing board officers, &c, 114. Every person who shall at any time obstruct thc Board, or Pendtyfor obstruct-

thing which they are respectively empowered to do by this Act, shall	reotion 313.
be liable to a penalty not exceeding Five Pounds.

115, Any person who shall wilfully and unlawfully destroy or of Destruction fences. or injury

injure any vermin-proof fence or gate, or any part thereof, erected under the authority of this Act, shall, on conviction thereof, be guilty of an offence against this Act, and liahle to a penalty not exceeding Twenty Pounds, or to be imprisoned for any term not exceeding six months. Any person wilfully leaving open any sucb gate as aforesaid shall be guilty of an offence against this Act, and liable to a fine not exceeding Five Pounds.

116, Every person who shall be cxamincd upon oath, affirma- Persons examined on oath, &c. ,making false

tion, or declaration, by any Court, OX Board, or any Justice or 8,tement guilty of Justices, or other person under the authority of this Act, and shall g;~;go;g~pf;~8h* wilfully, upon any such examination, make any false statement, shall

be o'f wilful and corrupt p r ju ry, and be" pnished accordingly. ib, seotion m.

117. Every person who shall forge or alter, or shall utter, use, forger^.

dispose of, orWp6t off, knowing the same to be forged or altered, any lb., section 316.

document or writing required or authorised by this Act, or m y signature thereto or seal thereon, shall be guilty of felony, and, being convicted thercof, shall be liable to be imprisoned for any term not -

exceeding seven years with hard labor.

118. Every person who shall wilfully publish in the Gnrxr7amen.t pcreons publishing false statements in

Gazette any false notice or other document in any matter in which Gasetis liable to fine.

a notice or other document is by this Act required or authorised to

be published in the Government Gazette, or shall wilfully post any Ib.3 s e c t i ~ ~ 1 7.

false notice in any matter of which public notice or any notice is by

this Act required to be given, or shall tear down, mutilate, deface,

or obliterate any public notice or other document posted in any

place within the district under thc authority of this Act, shall forfeit

and pay a penalty of not less than One Pound or more than Ten

Pounds.

by any order or notice made and published under the authority provisions of thk Act. 119. Where any matter or thing is by or under this Act, or Non-performnce of

hereof, directed or forbidden to be done, or where any authority is ~ b, ,	,,tion	318.
given by this Act to any person to direct any matter or thing to be done, or to forbid any matter or thing to be done, and such act so

D-697 directed

% 57' & 58' VICTORIW, No. 597.

The Vermin Districts Act.--1894.

P ~ T Xm. directed to be done remains undone, or such act so forbidden to be done is done, in every such case every such person offending against such direction or prohibition shall be deemed guilty of an offence against this Act.

Penalty for &eace

a & ~ t this A&. 120, Every person guilty of an offence against this Act shall,

for every such offence, be liable to the penalty expressly imposed by

A C ~ HO. 419 of 1887, this Act or by any by-law in force in that behalf, and, if no other

section 819.	penalty be imposed, to a penalty not exceeding Twenty Pounds.
B0.Ldbh8v~power

to remit fines except 121. The Board may remit any pecuniary penaltv imposed by

for bribery,

or under this Act, or any penalty which the Board are authorised to receive by virtm of this - ~ c t, in whole or in part, except any penalty

lb.~"Bction 3z00

imposed for any offence against the provisions of section 117 or

section 118.

conviction not to bar

action. 122. The imposition of a penalty for any offence under this Act

shall not affect any action or other remedy at the instance of the

lb., section 351.

Board or aqy person for compensation for or the prevention of in-

jury that may result from such offence.

NOticea and demand*

how eerved on 123. Save where it is otherwise expressly provided, every notice

owners.	or demand which by this Act is required to be given to the owner
of any land shall be addressed to the owner of such land and shall be
lb.* aaction 122*	wrved on the occupier thereof (if any), or left with some adult inmate of his abode; or, if there be no occupier, shall be put up on some conspicuous part of such land, and it shall not be necessary in any such notice or demand to name the owner of any such land; and when the owner of any such land and his residence are known to the Bgwd, a copy of every such notice or demand shall, if such owner be resident within the district, be served on such owner or left with some adult inmate of his abode; and, if such owner be not resident within the district, be sent by the post addressed to such owner at his residence; and in the case of the Crown, by the post,
addressed to the Surveyor-General. Legal Proceedings by and against the Board.
fierviw of notices and

legal proceedings. 124, Every summons, or notice, or writ, or other proceeding

requiring or authorised to be served on the Board may be served

lb., section 323.

by being given personally to the chairman or secretary, or at the

Vermin Board Office to some officer of the Board there.

Authentication of	126, Every order, summons, notice, or other such document,
certain documents by

the noard, requiring to be authenticated by the Board, may bc sufficiently authenticated without the common seal of the Board if signed by

~ b. , section 324. the chairman, by two members of the Board, or by the secretary.

Representation of 126, In the event of any person against whom the Board have

aay claim or demand being adjudicated insolvent, or making a

BDudinaul inaolrency .

statutory assignment for the benefit of or composition with his

creditors,

57" & 58" VI'CTORIW, No. 597.	--
The Vermin Bistricts Act.-1894.

creditors, the secretary, treasurer, or any officet of the Board xlv.

appointed by the chairman in writing under his hand, may repre-

sent the Board in all proceedings relating to the insolvency or Ltti.;;::p "878

assignment of the estate of such person as if such claim or demand

had- been the claim or demand of such secietary, treasurer, or

officer.

127. I n all proceedings before Justices or any Local Court, the Representetion Board before of

secretary, treasurer, or any other officer of the Roard, appointed by JUBtiCes	and in -1
the chairman in writing under his hand, may represent the Board Court.

in all respects as though such officer had been the party concerned. ~ b. , section 326.

said shall be reimbursed out of the District F u n d all damages, costs, officer. 128. The secretary, treasurer, or other officer appointed as afore- Reimbursement ot

charges, and expenses to which he may be put or with which he Ib.,

327.

may become chargeable by reason of anything contained in either

of the two last preceding sections.

129. No writ of quo warranto, or infor~nation in the nature of a NO writ of quo war- ranto allowed to try

quo warranto, or other proceeding shall issue, or be filed, or had, or tiue to	ofice.
taken in the Supreme Court, to try or question the title of any

Board, or the title of any person to act as member of a Board, Ib., section 336.

chairman, or auditor, or in any office or place in, or i n the gift of,

a Board.

130. No ~nandamus shall issue from the Supreme Court to admit NO w n d ~ n u s toissue

from Supreme Court

or restore to office, or to compel the Board to proceed to the election t, co,,-,pel Board

*select

or appoin trnent of any member of a Board, chairman, auditor, officer, admits members, &c.

or other person to any oflice or place in, or in thc gift of, a Board,

oz. to compel the production or delivery of any books, voting-papers, ~b., motion 336.

or other documents or papers, to the production or possession whereof

the Board or person may be entitled under this Act,

131. The proceedings for trying the title of a member of a 9roceedingfortrping title of member of

Board, chairman, auditor, officer, or other person to his office or BO,,~, h., to his

place, or trying the right of any person to be admitted or restored ~~;~~,"."r~~~~;?~~

to any such office or place, or to compel his restoration or admission, in a summary m y.

or to compel the Board to proceed to any election or appointment,

or to try the validity of any rate, or to compel the production or	337.
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.

132. The information, for the purposes of the last preceding Juri++ctionof

section, may be laid at the instance of the Board, or by any rate- Juehces.

payer of the District, or the Commissioner or other person interested; I,,.,	,ti,
and the Justices may make an order declaring any person to be not entitled to the office or place then possessed by him, and that such office or place is vacant, or that the informant is entitled to the said office or place, or command the Board to proceed to take the necessary

steps

,% 57' & $3' VICTORIE, No. 597.

The Vermia Dish-icts A c t. 1 8 9 4.

I'**T steps for and hold any election, or make any appointment, or to compel any person or persons to proceed to any ballot that may be necessary, or may make any order quashing any rate which for any reason is invalid, or may make an order to compel 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; but 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.

On non-corn liance

with order, Jwtices 133. On non-compliance with any order made by any Justices,

may inflict punish-	under the movisions hereof. on information laid at the instance of L
me&.	thc Board, or by any ratepayer or person interested, any two or more

~ c t NO. 419 of 1887, Justices may order any sum of money to be paid by or to the Board,

section 339.

or any officer thereof,'to or by any person, as compensrttion for any injury sustained by reason of the non-compliance with any such order, and 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 irnprisonmcnt may be ordered in addition to or without any order for payment of money as afore- said; and 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 mandumus issued out of the Supreme Court commanding the Board to do the act directed by such order.

proceedings may be

Time within which 134. 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 upon an information laid within two calendar months from the time
Ib., section 340.	at which the person whose title is disputed was appointed or elected, or the cause tlrose by reason whereof such person shall be liable to be ousted, whichever shall last happen; and no proceedings to try the validity of any rate shall be had or taken except upon an
information laid within two calendar months from the time at which notice of the rate shall have appeared in the Government Gazette,
Fines against provi-

sions of Act may be 135. All fines and penalties for any offence against this Act, or

recovered before two	any by-law of the Board, may be recovered beforc any two or more
Justices.	Justices in a summary way, on an information at the instance of the

~ b. , mation 341. Board, or of any person or persons whatever,

Proceedings before 136, All the proceedings before Justices shall be regulated by

Justices.

Ordinance No. 6 of 1850, " The Justices Procedure Amendment

K, section 342.

Act," 298 of 1883-4, anti any other Act that may be law for the

time being in that behalf. .

On non-payment of 137. I n every case of the adjudication of a fine or pecuniary

penaltietl, .&C., Justice

m~ y imprison. penalty or amends under this Act, and of the non-payment of such fine or pecuniaxy penalty or amends, any Justice may commit the

offender

5 7 O & 5 8 O VICTORIE, No. 597. 29

The Vermin Di~trz'cts A c t. 1 8 9 4.

offender or person making default in payment to any gaol in the -- ----	PART	-- XW.
said province for any time not exceeding three calendar months, the

imprisonment to cease on payment of tge sum due and the costs of A ct NO. 419 of 1887, section 343.

such proceedings as may have been taken for the recovery thereof;

but this section shall not affect any remedy under the said Ordinance

No. 6 of 1850, or the Act No. 298 of 1883-4, for the recovery of

any fine or any pecuniary penalty or amends.

138. There shall be an appeal from any order of Justiccs made Appeal to LocalCourt

under the provisions herein contained, and from any conviction by ~~~~~

by

and from any order dismissing any information or complaint under n., section 344.

this Act, which appeal shall be to the Local Court of Adelaide of

Justices for any offence against this Act or any by-law of a Board, conducted in manner appointed bv thc said Ordinance, No. 6 of 1850, and the Act No. 298 of 1883-4, for appeals to Local Courts; but 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.

139. The Court of Appeal, upon the hearing of any appeal under Local Court of Ade-

the last preceding section, may state one or more special case or E: E&,O~"~,"PP~~~*

cases for the opinion of the ~ u p k m c Court, and the Supreme Court opinion of Supreme	shall hear and decide such special case or cases according to the Court.
practice of the Supreme Court on spccial cases; and the Supreme
Court shall make such order as to the costs of any such special case section 346.
as to the said Court shall appear just; and. any Justice or Justiccs
or the Local Court of Adelaide shall make an order in respect of the matters referred to the Supreme Court, in conformity with the cer- tificate of the said Suprcme Court, or of any Judge 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; and, sive as herein provided, no order or pro- ceeding of Justiccs, or of any Local Conrt made under the authority of this Act, shall be appealid against or removed by certiomri or otherwise into thc Suprcme Court of the said province.

140, All fines, pcnnlties, and forfeitures recovcrcd before any AH finesandpenaltiea under t h i ~ Act to be

two or more Justices for any offence committed within the District paid to

against this Act, or agaiizst any by-law made under this Act, shall

be paid to the Board of the l)istrict, save such portion of any such lb., section 346.

fine, penalty, or forfeiture as may by law bc appropriated to any informer other than the Board or an officer thereof, or save such portion as shall be payable by the Board, and such portion shall be paid into the General Revenue.

141. No member of the Board shall be subject to be sued or NO oacer to be sued

prosecuted by any person whomsoever, and the body, goods, or lands ~ ~ ~ ~ $ or $ ~ ~ o t

of a member of R Hoard shall not be liable to any execution of any liability entered into

legal process by reason of any contractual or other instrument Bornd. or inourred by the

entered into by the Board, or by reason of any other lawful act ib., section 817.

done

80 57' & 58' VICTORIA, No. 597.

T"he Vermin Districts Act .1894.

P*ar	done by the Board in the execution of any of their powers; and every member of a Board, his heirs, executors, and administrators, shall be idemnified 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 bomi jde execution of the
powers granted to him by this or any other Act.

All wctionscornmenced

members of a 142. All prosecutions for the infliction of pecuniary penalties

&C., muet be upon, and all actions against, any member of a Board, chairman,

commenced witbin six

months after act com-	officer, or person for anything done or omitted to be done in pur-
mitted, and notice to	suance of this Act shall be commenced within six calendar months
be given.	after the happening of the cause of prosecution or action, and not
Act No. 419 of 1887,	otherwise, except as hereinhefore to the contrary provided; and
aection 348.	notice in writing of any such action, and of the cause thereof, shall be given to the defendant one month at least before the commence- ment of the action; and the defendant in any such action may plead the general issue, and give this Act and the special matter in evi- dence at the trial; and 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 dcfcndant 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 pny~ncnt into Court, and if a verdict shall pass for the defendant, or the plaintiff become nomuit, or discontinue, or the defendant otherwise recover judgment, he shall recover full costs as between attorney and client and have his
remedy for the same in the usual way. *
Differences between

Boards to be referred 143. If any difference, whether arising out of the construction

to Commissioner,	of this Act or not, arise between any two or more Boards touching and relating to the carrying out of the provisions of this Act, or
% section 349.	touching and relating to the fulfilrncnt and exercise of the duties, powers, privileges, or authorities of any such Boards, such difference shall be referred to the Commissioner, who is hereby authorised and empowered to entertain, inquire into, and decide upon the same, and for that purpose to hear, receive, and examine evidence upon oath (which oath he is hereby empowered to administer), summon, if he
think fit, two or more assessors, compel the attendance of witnesses, call for the production and examination of documents, commit for contempt, and do all such other matters and things relating to the same in the same manner and to the like extent as the same may be done by any Judge of the Supreme Court in the exercise of his jurisdiction; and the decision of such commissioner with regard to such difference shall be final, and may be made a rule of the Supreme Court.
mvernor may make

regulatione. 144. The Governor may make regulations for the carrying out

of this Act, and in particular, and without derogating from his

~b., mctioa 380. general power, he may make regulations prescribing the mode in which the account books, and any other books of Boards shall be kept; and also regulations requiring Boards to collect, for a remu-

neration

57' & 58" VICTORIE, No. 597.

Tlhe Vermin Bistr icts Act.-1 894.

neration to be fixed by the Governor in the case of each Board,

PART

agricultural, pastoral, and live stock statistics relating to their r6spectiue ~ i s k c t s, and forward returns of the same to t6e Govern- rn&t Statist, or to the Chief Secretary of the province, and may from time to time annul, amend, and add to any such regulations as aforesaid, or make others in lieu thereof; and such regulations shall be published in the Government Gazette, and shall thenceforth, save as hereafter provided, have the force of law. Such regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof, if the Parliament be then sitting, and if not, then within fourteen days after the next Session of Parliament shall begin; and if during that Session either House of Parliament pass a resolution objecting ta any such regulations, the same shall (so far as so objected to) thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published by the C o m missioner in the Government Gazette,

145. The Government Gazette containing any regulations pur- Qaaatts conclusive evidence of re&+

porting to be made by the Governor by virtue of this Act shall be tiona, dso of

conclusive evidence of the making of such regulations; and the either House object- ing to them.

Government Gazette containing R notice of a resolution being passed

by either House of Parliament objecting to any such regulation A C ~ NO. 419 of 1887,

shall be conclasive evidence of the passing of such resolution. section 361.

146, If in any regulations made by the Governor by virtue of Board may adopt without special

this Act, any models of by-laws shall be given, the Board shall be majority any m ~ e ~

at liberty, by a majority at any meeting at which a quorum of the b&$zop	h
Board is present, to adopt any such models and makc them bylaws

of the'District. lb., section 362.

PART XV. PART XV.

OF EVIDENCE AND MISCELLANEOUS MATTERS.

147, Any Vermin Board may, by by-law, require owners and 2;;Ef.of water

occupiers of land within the District to erect and maintain vermin-proof fencing around all artificial and permanent supplies of water (except running streams) upon their holding, subject to the directions of an inspector appointed by the Board, who shall determine the position of such fencing; and such fencing shall be provided with a proper gate or pates, to be approved of by the inspector, and 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; and any owner or occupier who

shdl fail 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.

fencing, as provided in the preceding section, the Board shall give supplies. 148. If any owner or occupier shall fail to erect or maintain Failure to fence water

written

57' & 5 8 O VICTORIW, No. 59%

The Vermin Bistnkts Act.-1894.

-

PART xv. written notice to such owner or occupier to erect or maintain the same within a time to be limited in such notice; and any owner or occupier failing to comply with such notice shall be gdltp of an offence against this Act, and shall, on conviction, be liable to a penalty not exceeding Twenty Pounds.

Board to fence in

default.	148. If, after the expiration of the time limited in any such written notice, any direction therein is not complied with by the owner or occupier to the satisfaction of the inspector, the Board shall undertake 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.
Bazdttc conclusive

evidence of hoclama- 150. The Government Gazette containing any Proclamation or

tion mdprimd	Order made by thc Governor or Commissioner under this Act shall
evinence offacts
rtated therein.	be conclusive evidence of the fact, tenor, and validity of such Yro-
clamation or Order, and shall be evidence of the facts stated, recited,

na NO. 41s ot 1887, or assumed therein; and no such Proclamation shall be invalid by

wction 353.

reason of anything required as preliminary thereto not having been

duly done.

Gazette evidence of

appointments and 151. The Government Gazette containing a notice of the appoint-

elections notified

ment or election of any person to any office in the District shall be

therein.

conclusive evidence of such appointment or election, except in any

Ib., motion 36.1,

proceeding brought to try the title of the person so appointed or

elected.

Oal~stte evidence of 152. The Gooertiment Gazette containing n notlce that any rcso- lution was passed or order made at a meeting of the Board shall be conclusive evidence of such resolution being passed or order made,

resolution of Board "

notified therein.

lb., section 367. and of the meeting being lawfully conveucd, and of any facts stated in such notice relating to the majority by which such resolution was passed, and the number and proportion of members of the Board present.

Gazette containing

notice of the making 153, The Govemnent Gazette containing a notice that any rate

of a rate conclusive	declared by a Vermin Board is payable shall, except on proceedings
evidence.	to. quash such rate, be coi~clusive evidence that the ratc has been
Ib., section 360.	duly declared or made.
By-laws, minutes,
contracts, &C., or	154. By-laws, minutes of any Board or any committee thereof, ments in the hands of the Board by this Act required or authorised, and any copy thereof or extract therefrom purp&ting to be signed by
certified copiev,	books and contracts, specifications, plans, estimates, and other docu-
evidence.

~b., section 362.

the chairman, two members of the Board, or the secretary, shall be 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 publicaiion thereof, and of the performance of the requirements of this Act in respect

thereof.

57' & 5%" VICTORIAE, No. 597. 88

The Vemin Dktricts A c t. 1 8 9 4.

155. The corporate name of every Board s h d be part of the PAXT m.

seal of such Board. and iudicial notice shall be taken of such seal seal of Board co

by every Court and ~ustiEk, and the seal ehall be kept at the District pmvO 'beus

Office.	A O ~
seotion 368.

NO. 419 of 1887,

given of the tenure of any oEce by evidence of acting in such evidence. 156. Nothing in this Act contained shall prevent proof being Saving of rules of

office, nor any notice purporting to be a notice given by the ~b.,	section 864.
Board, and published or posted as by this Act directed, or a copy thereof, 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 presumptions therefrom.

paid by the Board, corporation, or person whose action immediately mente. 157. The cost of any advertisement required by this Act shall be Cost of advertise-

necessitates such advertisement, and the Commissioner may require lb., eection 365.

payment of such costs before causing any advertisement to be in-

serted.

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

this Bill.

KINTORE, Governor.

SCHEDULE

34 57" & 58" VICTORIW, No. 597.

SCHEDULE REFERRED TO.

SCHEDULE.

Form of Proxy.

1, , of , being a ratepayer of the Vermin

District of , in respect of [here state land] and entitled to

vote tor the election of members of the Board [and auditors] for the said district,

hereby appoint, of, as my roxy to vote for me and on my behalf at the election of members of the said Board rand auditors] to

be held on the day of , 18 .

As witness my hand this day of 18 .

Signed by the said

in the presence of

Voting Paper.

I, the undersigned, being entitled ta vote for the election of members of the

Vermin Board [or auditors] of the district of , hereby vote for

, of , as members of the Board [or auditors] for the said

district.

Dated this day of 18 .

l 1

* Signature. Addresa. / Number of Vote#.

l

* If the vote ie given by proxy, the signature ehould be "A.B. (perm entitled to vote) by his duly

mthoriaed proxy."

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Adelaide : By authority, C. E. Bmsmw, Government Printer, North-terns.