Vine Diseases Act of 1893 (NSW)

1893.	56̂ VIC.	No. 22.	73
Vine Diseases.

No. XXII.

D is ea se s .

An Act relating* to Vine Diseases; to prevent the introduction into this Colony, or re­ moval from ])lace to place in this Colony, of diseased grapes or grape vines; and to eradicate a certain disease aftecting* g*ra]>es, gra])e vines, or vineyards; to pro­ claim Vine Districts ; to ap])oint Boards; to make assessments and levy rates; and for other ])ur])oses incidental thereto. [Itk Juno, 1893.]	̂
T V r it enacted l)y tlie (Queen’s IMost Excellent IMajesty, by and witli _LJ the advice and eonsiait of the Legislative Council and Legisla­ tive Assembly of New South Wales in Parliament assembled, and by tin; authority of the same', as follows: —

1. This Act may be cited as the “ Vine Diseases Act ol‘ 1893,” siiort title nnd

and shall come into opin-afion on the iirst day of Jiint*, one tliousand

eight hundred and niiK'ty-tliree.

2. Notwithstanding the expiration of the “ Vine Diseases Act, iiKiemuity toomrers.

1886,” and the “ Vine Diseases Act Amendment Act of 1888,” any­ thing done or suflhred after the thirty-lirst day of December, one thousand eight hundred and niut'ty-two, by or by the direetiotr of the persons wlio, at the time of the expiration of the said Acts, constituted the Hoard ajiiiointed under the said ^Vets, or who were inspectors, assistant ins|)eetors, or persons authorised to Act or lawfully acting by or under the authority of the said Acts, or either of them, shall he as valid and etlV'ctnal as if the said Acts had been in force when the said things were done or sufft'ri'd. ,Vnd no suit or action shall he brought against those persons in i-i'speet of anything done or suffered by them as aforesaid.

3. In tlic construction and for the purposes of this Act, or any inteqiretation.

regulation or proclamation thereunder, the following words in inverted commas shall have the meaning hereinafter assigned to them respec­ tively, that is to say :—

“ Board ” shall mean the Board of any vine district proclaimed

niuh'r the provisions of this Act.

“ Disease ” shall mean the disease in grape-vines caused by the

insect called Vhyllo.vera vastatrix.

“ Diseased ” shall mean affected, or liable, by reason of having been in contact with any vines or parts of vines, or any grapes, package, implement, matter, or thing likely to convey infection, to he affected, Avith the disease Avithin the meaning of this Act.

“ D istrict” shall mean any A’inc district proclaimed under the

provisions of this Act.

“ District Inspector ” shall mean an inspector of vineyards

appointed by any Board of a Aunc district.

“ Governor ” shall mean the Governor Avith the advice of the

Executh'e Council.

“ Inspector ” shall mean any inspector of Auncyards appointed

by the Minister.

“ Minister”

No. 22.	56 YIC.	1893.
Vine Diseases.

“ M inister” shall mean tlie Secretary for Mines and Agricultui’c.

“ Prescribed ” shall mean prescribed by this Act, or by any

regulation made tbcreiinder.

“ Quarantine ”—To isolate in any prescribed manner.

“ Eatable Value”—The A alue of any A'ineyard as entered in the

assessment roll of any district.

“ A îne” shall mean a grape-A'ine, aliA'e or dead, or any A'inc cutting. “ Abneyard” shall mean and include any parcel of land Avbercon

one or more grape-vines may be planted or growing.

“ Hoot or rooted-uj) ” shall mean the removal of the Avbole of the original cutting, layer’, or stock Avitb at least six inches of the roots attached.

Powers of the i. The Governor may fronr time to time, by proclamation in

GoTernor. the Gazette, do any of the folloAving acts ;—

Declare any portion of the Colony a vine district, and assign to

such district a specific name.

Alter the boundaries or name of any such district.

Divide a Aune district into two or more such districts.

Unite tAvo or more Aune districts into one A’ine district.

Abolish any A’ine district.

Dissolve any Board.

Prohibit the introduction into this Colony from any place outside

the Colony of any vine or part thereof, or any grapes or any package containing, or Avbicb has contained or been in con­ tact Avitb grapes or Auncs, the introduction of Avbicb has been or may be jirobibited.

Prohibit the removal from any place within this Colony to any other ])lace in this Colony of any A’ine or part thereof, or any grapes, jiackage, implement, matter, or thing, likely to convey disease.

Declare any parcel of land or any building a (piarantinc for the rccejAtion of any A'ines or parts of A'ines or grapes knoAvn or supposed to be diseased.

Quarantine any vineyard, or any building, land, or place Avbcrein or Avbcreon any diseased vine or part thereof or grapes may be or mav’ have recenth* been. *. «

Tine districts. 5. ThefolloAving vine districts, the respective boundariesof Avbieb

Schedule I.	are set out in the Schedule hereto numbered One, are hereby created, namely— (1) The Cumberland  ine D istrict; (2) 'flie Aturray River Vine District; (3) The Hunter RUer Vine District. PortluAdth after this Act comes into operation steps shall lie taken as hereafter provided in regard to proclaimed districts to prepare a list of vinegroAvers and to eh'ct a Board for each of the three districts aforesaid, and the Avholc of the provisioiis relating to Boards of Aunc districts shall apply to these districts as if they had been proclaimed under this Act.
Inspectors.	0. (i) Tlie Alinister may appoint any such jierson or persons as he may think tit to be an inspector or inspectors of A'ineyards, and any inspector so appointed may exercise in any part of the Colony any of the poAvers conferred by this Act upon such Inspectors.
(ii) Any Board of a vine district may ap]>oint, subji'ct to the approval of tlie Governor, one or more district inspectors of vine­ yards, and such last-mentioned inspeetors may Avithin such district exercise any of the poAvers conferred by this iVet upon an inspectoi-.

Powers of inspectors. 7. Every inspector may, Avith or Avithout notice,—

{ a ) Enter into at any time, Avith or Avithout assistants, any

A-essel, building, land, or place, containing any vine or part of a vine, or any grapes imported or brought into this Colony, and search therein for diseased Aunes, parts of vines or grapes,

and

1893.	5(r VIC.	No. 22.	75
i'"me Diseases.

and may remove such vines or parts of vines or grapes to a quarantine for further examination, and may destroy any sueli as may he found to l)e diseased.

{ ! ) ) May, ndth or nilliout assistants, enter any A'ineyard and

examine any vine or part of a vine, or any grapes therein,

and hy notice in tlie form of Selieduleliereto numbered Tavo, Scbeauic ii.

temporarily (piarantine any vineyard in Avliieh he linds the

disease, or any sign tliereof, pending report to the Ministc'r

and action tlierc'on.

(e)	J’eriodieally ins|)eet tlie A'ineyards in any vine district, and report to the ^Minister Avhen the Board of such District, or its oflicers, ari' failing to givi' ell'ect to the provisions of this Act, and in Avhat res])cet tlu'y are so failing.
(d)	hvn-y district inspector may, Avithin the district to Avhieh lie is appointed, exercise similar poAvers to those hereinbefore conferred upon an Insjicctor hy subsections (u) and (/>), except that any tem])orary (|uarantine notified hy him shall continue, pending his ri'port lo the Board of such district, and action thereon.

8. Upon the i-eport of any inspector that disease, or sign of DesinieUou of

disease, is found in any vineyard not Avithin a Aune district, or Avithin a A'inc district ])cnding the appointment of a district inspector for sucli district, tlie iMinist(‘r may cause inquiry to he made into the truth of such I'cporl, and upon jiroof that disease actually ('xists thi'rein, tlu' Govi'rnor may—

(c) Quarantiiu' such viiu'yard, and every vineyard Avithin a radius of one mile tlu'ri'fi'oni.

(/;) Prohibit tlu' rinuoA'al therefrom of any vine, part of viiu',

grajK's, package', inqilenu'iit, matter, or thing.

(c) Cause all the vines in such vineyard, and in any A'ineyard Avilhin a radius of one mile therefrom, to he rooted up, tlu' land thoroughly trenched, and cA'cry vine or part thereof, destroyed hy lire, and such othi'r precautionary measures taken as may he deemed nc'ci'ssary to proA'ent the spread of the disease'.

{(I) Declare a vine district, including such A'ineyard.

(e) Take such stc[)s as hereinafter prescribed to .secure the election of a Board.

The iMinisti'r shall iqion jiroof that no disease exists in the A'ineyard nu'ntioncd in such report, immi'diately release such Auncyard from quarantiiu'.

1). U})on the eh'cl ion or appointment of any Board, all the Powers of Board

powers conferred hv the last preceding section upon the Governor and the Minister are liereliy eonterred upon sueli Board for the District for Avhich such Board Avas elected or appointed. ^Vnd such Board shall exercise all the said powers Avithin the said District.

10. Upon ri'ceipt of a ri'port from an inspector that any pourd may be

Board or its ofiici'rs arc failing to carrv out tlii' provisions of this Act, cjissoivcd or officers the Governor may dissolve such Board and dismiss such ollicers accordingly: ProA'ided that if 1 he A'inegroAA'crs of the district take action in terms of section twenty-nine hereof, the Minister may stay his action till tlu' result of tlu' nu'ctiiig of vinegroAA'crs shall he known.

the Ministi'r may call upon such Board to shoAV cause avIij' it should noKUct. ’

not he dissoh'ed or its ollicers dismissi'd ; and if the Board fail to shoAv

cause to the satisfaction of the i\[inister, he may recommend to the

11. If the oAvner, lessee, or occiqiier, having ceased for two Neglected vineyard

years to cultivate his viiu'yard, sliall. Avithin three months after service of notice from an inspector or district inspector, omit to root up all

A'ines

No. 22.	56̂ VIC.	1893.
Vine Diseases.

vines therein, the Minister or District Board may cause such vinos to be rooted up, and may recover the cost thereof from the owner in any Court of summary jurisdiction upon proof that the sum claimed has been expended in rooting up vines upon sueli owner’s land.

Appearance of	12. If within any vineyard any sign shall appear whieh may
diseape to be

notified. reasonably he suspected to he caused hy disease, the owner, tenant, lessee, or person in charge thereof shall immediately notify the fact in writing to an inspector or district inspector, or to the Minister; and in the event of his wilfully neglecting so to do, all claim hy any person to any compensation under the provisions of the Act in respect of such vineyard shall he forfeited, and such owner, tenant, lessee, or person shall on conviction thereof pay a penalty not exceeding one hundred pounds, or be imprisoned for any term not exceeding six months.

Compensation. 13. Compensation may he claimed—

(i)   In respect of any vineyard (in which there is no disease) which has been rooted up to an amount not exceeding the ratable value thereof.

(ii)   In respect of any vineyard, except as provided in sections eleven and twelve, in which any vines shall have been rooted up on account of being diseased, an amount not exceeding fifty pounds per centum of the ratable  alue thereof.

But no compensation shall be recovered—

(ill) In respect of any loss sustained hy reason of or in connec­ tion with the destruction of any diseased vine, part of vine, or grapes brought into this Colony, or any package containing, or which may have contained, or come into contact with any such vine or grapes.

(iv)   In respect of any loss sustained hy reason of or in connec­ tion with the destruction of any vine, part of vine, grapes, package, or implements introduced into this Colony fi’om any place outside the Colony or removed from any place within this Colony to any other place in this Colony contrary to or in violation of any prohibition proclaimed as aforesaid.

Claims for	11. Claims for compensation shall be made in the prescribed
compensation liow

made. form within six months after the vineyard was rooted up—

(i)   In respect of any vineyard rooted up by an inspector acting under the direction of the Minister to the Minister.

(ii)   In respect to any vineyard rooted up by a district inspector to the Board of the district.

Compensation how 15. (i) Every such claim shall be referred to an inspector or a

determined.

district insjiector, who shall estimate the amount of compensation to

which the claimant is entitled.

(ii) If the claimant and the inspector cannot agree upon the amount to be awarded, the matter in contention between the claimant and the inspector shall be referred to the Minister to determine. If the claimant and the district inspector cannot so agree, the matter in contention between the claimant and the district inspector shall be referred to the Board of the vine district to determine. In either case, instead of a reference to the Minister or the District Board, the claimant may cause a reference to arbitration according to the provi­ sions of the Acts for the time being in force for the settlement of disputes by arbitration.

(ill) In dealing with any such matter the Minister or the Board may take evidence on oath, and for that purpose the chairman for the time being of any such Board is hereby empowered to administer an oath.

(iv) The decision of the Minister or the Board of the district, or the arbitrators, as to the amount of compensation to be paid shall be final.

1893.	5(>’ VIC.	No. 22.
Tine JJineases.

16. No m(Mul)cr ol' a JJoavd, and no inspector or dishdct insjx'ctor Persons mtei-esied

interested directly or indirectly in any claim for compensation, or in any vineyard, the snhject of sncdi claim shall take part in determining' the amount of compensibtion to he awarded in satisfaction of such claim.

17. In the event of a lump sum having’ been awarded in Apportionment of

satisfaction of the damage done hy rooting np a vineyard, and such viiutyard he lot, leased, or mortgaged, or any i^erson have a lien over the crop thereof, the sum awarded may he apportioned and paid to the landlord, tenant, lessee, mortgagee, or lienee in such proportions as may he agreed upon with the inspector or district inspector, or as may he determiiK'd hy the Ministtu’, or the Board of the vine district, or the arbitralors. •

IS. (r) AVhen the amount of compensation shall have been Compensution how

agretal upon hetwetm tin; inspector and the claimant, or determined 1’““̂-

hy the Minister or the arbitrators, tin* same shall he paid out of the

Consolidated Bevcmuc', within thrc’c months.

(ii) IVhen tin; amount of comjiensation shall have been agreed upon between the district ins])cctor and the claimant, or determined hy the Board ol' the vine district, or the arbitrators, the same shall he paid out of the funds at the disposal of such Board.

19. The ^Minister may cause to he paid out of the Consolidated Subsidy to Boards.

Bevenne in any year to any Board hy way of subsidy such sum of money as may in his opinion he necessary for carrying out the provi­ sions of this Act not exceeding in amount the sum collected as rates hy such Board during such year.

20. No vines shall he ])lant(;d in any land from which any Hepianting of

diseased vimts have been removed for a ]>eriod of four years after such '

removal, and any person who shall commit any breach of this section

shall, on conviction thereof, pay a ])cnalty not exceeding one hundred

jiounds; and all vines planted on any such land within such period

shall he desti'oyed hy an inspector or district inspector, as the case

may Ix'.

21. No tenant or lessee shall he hound hy any agreement or Agre.-monts with

lease to contravene the ju'ovisions of this Act. landlords Toid.

22. Porthwith, after the proclamation of a A’ine district, tlu; vine district and

and address of each vinegrower in such district, and the extent of the Minister shall cause a list to ht; made containing the names in f u H of vinegrowers. tlu;reof, shall he exhibited for a jAcriod of seven days at the petty sessions court-house, or at each such court-house Avithin such district, and notice thereof sliall lu; published in one or more newspapers circulating in the district.

26. Any person may, Avithin scAu;n days after such list shall he Revision of list,

first exhibited, lodge; Avith any jioliec magistrate or clerk of petty sessions within such district a notice requiring the insertion in the list of the name of any vinegroAver omitted from such list, or the striking out from such list any name imjirope'rly inserted therein and requiring the corri'clion of any error, or allegc'd error, in such list.

21. At any time after the expiration of the seven days referred Revision court,

to in the last preceding section, the Minister may cause a police magistrate to hold a court for tin; purpose of hearing evidence on oath in support or in opposition to any such insertion, striking out, or e.orrcetion as aforesaid, and such magistrate shall thereupon determine the questions raised hy every such notice, and rcA'ise the list of A'ine- groAvers accordingly, and such list shall thereupon become and he the AMuegroAvers’ roll for the district.

25. (i) In every district tin; vinegroAvers shall elect annually vinegrowers to cU-ct

a Board, consisting of live members, being vinegroAvers on the roll,

and

No. 22.	56' VIC.	1893.
Vuie Diseases.

and tlie first election in eacli district proclaimed under this Act, shall he held at such place in the district, and at such time as the Governor shall appoint.

(ii) All elections of a Board subsequent to the first election shall he held in the month of September in every year, and retiring members shall (if not disqualified) be eligible for re-election.

(ill)    The Governor may appoint a returning officer to conduct

such elections in any district.

Nomination and 20. (i) For the purposes of the first or any subsequent election

election of Board.	the returning officer shall appoint a time and plaee for receipt of nominations, of which not less than fourteen days’ notice shall be given in one or more newspapers published or circulating in the district.
(ii) Every nomination shall bo in writing, signed by two or more vinegrowers on the roll, and shall contain the consent of tlie person nominated.
(ill) If, within the time appointed, the numher of qualified persons nominated for election do not exceed the number of members to be elected at any election, the returning officer shall, at tlie expiration of the time appointed for receiving nominations, declare tlie persons so nominated to he elected as members of the Board.
(iv) If the numher of memhers so elected he less than the required number, but more than a quorum, the vacancies shall be regarded as extraordinary vacancies, and be filled up as hereinafter provided; but, if the number elected be less than a quorum, the returning officer shall hold another election to fill the vacant seats.
(v) I f tlie numher of qualified persons nominated be in excess of the number to be eleeted at any election, the returning ofiicer shall ajipoint a day for taking a poll, and shall appoint one or more polling-places, and shall notify the time and plaee, or places, in manner aforesaid, and may appoint a deputy returning officer to preside at each polling-jilace.
(vi) When a poll is taken the voting shall he hy hallot, at which each vinegrower shall be entitled to the prescrihed numher of votes.

(vii) As soon as convenient after the bas been taken,

the returning officer shall declare elected as many of the candidates who have received the highest number of votes as shall be required to fill the vacant seats.

(v iii)                    The name of every member elected shall he published

in the Gazette.

Meetings of Board 27. (i) The first meeting of the Board after a general election

and election of	shall be held within fourteen days after such election.	If any Board
chairman.

fail to meet within such period, or fail at any time to act, any seven or more vinegrowers on the roll may convene a meeting of A iucgroivers, and call upon the memhers of the Board to attend thereat and shoAV cause Aidiy such Board should not be dissolved.

(ii) At the first meeting of the Board after a general election, the members present shall elect from their number a chairman, who shall (Avhen present) preside at all meetings of the Board.

(in ) I f the chairman be absent from any meeting at AAdiich there is a quorum, the members present shall appoint an acting chairman, Avho shall, at such meeting, exercise all the pOAvers of the chairman.

(iv) a quorum shall consist of not less than three members. A ll questions considered at any meeting shall be decided by a majority of the Amtes, and if the A'otes on any question he equal, the chairman shall haA'e a casting A’ote in addition to his dclil)eratiA’o vote.

(v) I f a quorum he not present A\ithin half an hour of

the time appointed for any mcefing, any member or any ofDcer of the

Board

1893.	56’ YIC.	No. 22.
J’ine Diseases.

Eoai’d ])i'('sent may adjourn tlu' meeting to another liour on the same day, or to any lionr on anotlier day, and ]iotice of sneh adjournment shall !)(' given, as far as practieahlc, to every absent member.

2S. If any Board, having failed to meet witlun fourteen days Board may bo ais-

after a general eleetion, or liaving failed or refusc'd lo carryout the

provisions of tliis Act, also fails (when called upon) to show cause to day?,

the satisfaelion of a jueeting of vinegrowers convened for that })urpose

■why sneh Board should not he dissolved, such nu'eting of vinegrowers

may d{‘clarc tin; scats of theseAU'ral memhers of the Board vacant, and

may call u])on the rcduruing olheer to hold another election.

29. ([) If any member of a Board Ix' absent from three con-Extraoidinarwacan-

secutive meetings of the Board without leave of ahsenee duly granted f"'";

hy th(> Board, lu' shall forfeit his seat.

(ii) If any member of a Board die, or resign, or refuse to act, or from any cause whatever become incapable of acting, his seat may he declared A acant hy tlu' Board.

(in) Any extraordinary Aueaney caused as ])roAuded in section twcuily-six, suhsc'ctiou (iv), or hy the forfeiture or A’acating of a seat as hereinheforc proviih'd, shall Ix' tilled liy the Board from the vinegroAA(U's on the roll.

dO. (i) If at any election as aforesaid iao candidates he if no Board elected,

nominatt'd or elected, the Governor may appoint any tive

growers on the roll of the district a Board; and every Board so oiiieers in lieu

appointed shall be the Board of such district until the next general

election suhjt'ct to the foregoing piavvisions rtdating to extraordinary

vacancies and to failure to meet and act.

(ui) If a Board of any district fail or refuse to nu'ct, or to carry out the provisions of this Act, and the A'inegrowi'rs of such district fail to convene a nu'cting as hereinheforc jirovided to inquire into the cause thereof, and, if necessary, to move for the election of another Board, the Governor may appoint oflicers to carry out the provisions of this Act, and such olhcers shall haA'e and may exercise Avithin such district all the jiowcrs of a Board under this Act.

81. Every Board may, subject to the approval of the Governor, Appointmout and

ajipoiut one district inspector, and the Board may appoint such other ollicers as it shall consider necessary, and may out of the funds at its disposal ])ay all salaries and allowances of such district insjicctor and other ollicers, and no memher of a Board shall he paid for his services.

82. (i) EA'cry OAvner or occupier of a A'ineyard Avithin a district Roium of luruage ot

shall on or before the first day of Itecemher in each year deliver or I'orAvard by registered letter to the chairman of the Board, or, if there he no Board, to the otficers apjiointcd hy the Governor, a return in the form in the Schedule hereto numhered Tlu'ee, stating the numher of Soimduie iii.

acres planted Avith vines OAvned or occupied hy him.

(il) Every OAvner or occupier Avho refuses or neglects to malvc such ri'turn Avithin the prescrihed time shall 1'orfcit and pay a penalty not exceeding live jiounds.

( i l l )    Eor the jmrpose aforesaid any fraction of an acre shall

he deemed an acre.

(iv) Any OAvner or occupier Avho shall maki' a false return

shall forfeit and pay a penalty not exceeding five pounds.

83. (i) Erom the returns made as proA'ided in the last jireceding vinogiwers’ roll,

section, the Board shall compile a roll of A'inegroAvers for the district.

(ii) Every roll so compiled shall he rcA'ised as hcreiidicfori* providi'd in regard to the list of vinegroAvers of a ncAvly-jiroclaimed district, and shall thereupon become the roll of the district, and a cojiy theri'of shall he fortlnvith forAvarded to the returning otficer.

(ill) Until a roll shall have been comjiilcd and revised for

the (‘urri'nt year, the existing roll shall he and he used as tlu' roll for

the district. 81.

80	No. 22.	56̂ VIC.	1893.
Vme Diseases.

Power of Board to

34. (i) Every Board sliall have power to impose and levy annually a rate according- to the value of every vineyard within the district not exceeding one pound per centum of the value of each such vineyard as entered in the assessment r o ll: Provided that if necessary to liquidate claims for compensation or to meet other liabilities, the Board shall within any year levy a rate to the full amount of one pound per centum, or two or more equal rates, amounting in the aggregate to one pound per centum.

levy rate.

Assessment roll. ( i i ) Porthwith after imposing any rate, the Board shall

have prepared an assessment roll, which shall set out the amount of such rate payable in respect of every vineyard in the district; and such roll, after (-areful revision and consideration of any appeal from such rating shall he signed hy the chairman and treasurer of the Board, and shall lie prinid facie evidence of the amount payable as rate on each vineyard named therein, and of the person liable to pay such rate.

Date wlien rate is 35. The Board shall, when imposing a rate, fix the date on

payable to be fixed. which such rate shall be payable, not being less than fourteen days after the rate has been imposed, and every owner or occupier of any such vineyard shall, within the period named by the Board, pay such rate to the treasurer or collector of the Board.

Notice of rate to 36. (i) A notice of every rate imposed by any Board under this

be published. Act, signed by the chairman and treasurer of such Board, shall, within fourteen days after the rate was imposed, be published in the Government Gazette, and also in one or more newspapers circulating in the district.

( i i ) Every such notice shall specify the amount of the rate

per pound, and the date on which the same is payable.

(ill) No proceedings shall be commenced against any person for the recovery of such rate until the expiration of one month after the date in such notice aforesaid on wdiich such rate is payable.

Occupier liable to	37. Ev'ery rate imposed under this Act shall be payable, in the
pay rate in the

first instance. first instance, by the occupier of the vineyard; but unless otherwise expressly provided in any lease or agreement, such occupier, if a tenant, may recover from his landlord one-half the amount of the i-ate paid by or recovered from him as money paid to the use of the land­ lord, or the same may be deducted from, or set off against, the rent then due or thereafter to become due.

Unoccupied 33. The owner of any unoccupied vineyard shall be deemed the

vineyards.

occupier, and any rate due in respect thereof shall be paid by or be

recovered from such owner.

Recovery of unpaid 39. The collector or other officer of the board authorised in

rates. that behalf by the chairman may sue for and recover any rate which shall, after the expiration of one month from the date on which such rate became payable, remain due and unpaid.

Treasurer to pay all 40. All moneys received by any collector or other officer of any

moneys into bank. Board shall in the time and manner prescribed be paid over to tlie treasurer, and all moneys received by the treasurer of any Board shall in the time and manner prescribed be paid by him into a bank to the credit of an account in the name of the Board of which he is treasurer.

Disbursement of 41. All moneys disbursed by the Board shall be paid by cheques

moneys.

drawn upon the bank account aforesaid, and all cheques shall be

signed by the chairman, or acting-chairman, and the treasurer.

Accounts to be	42. The accounts of every Board shall at least once in each
audited and

published.

year be audited by an officer apjiointed by the Governor, or by a com­ petent accountant, and a statement of such accounts, "when audited, shall be forthwith published in the Government Gazette and in one or more newspapers circulating in the district.

to be recorded.

Proceedings of Board

43. A ll proceedings of any meeting of a Board, together with

the names of all the members present thereat, shall be entered in a

book

1893.	56̂ ̂ VIC.	56̂ ̂ VIC.	No. 22.
Vine Diseases.

l)ook to !)(' kept tor that ])urposo, and shall he sigau'd hy the chainnaii ol' the nu'ctiiig at- n liich such proceedings are conllrmed, and all entries of any sucli ])r(>ce('dings so contirmed and signed shall he received in all courts as i^rima facie evidence of the matters la'corded.

■ft. TluOloard of any district mayinako regulations for regulating rower of Boar.i i,>

its OAvn iprocf'cdings and the jxnvers and duties of its otlicei's, and geiH'rally for (mforciiig and giving effect to the ])rovisions of tlie Act in relation to all matters avithin tiu' district to aahich it helongs, and allsiudi r('gulations after i)uhlicatioii in the Goternment Gazelle sliall, if not inconsistc'ut witli this Act, have tlu' same force and ctlect as if cmhodied in and forming jiart of this .Act.

1-5. In the c'vent of any district heing divided, abolished, or Transfer of

uniti'd avith another district the liabilities duly incurred hy the ISoard of any such district shall he transferred in such iiroportions as the Governor shall direct lo tlii' Board or Boards of the district or districts ina\ hi(di the area orjiart of the ai'('a of the district so d'vided, .abolished, or united is contained: Ih'oaddi'd that if the aholislu'd district hi' not included in any other district the liabilities as afori'said of such district shall he dealt with as the Governor shall direct.

■ft), (i) \ \ ’hen any a inc district is divided into two or more Transf.-v of fnn.is

district, or in tlie Jiands of such Board, or any olheer theri'of, and any or uui.n’i ..t Jiurict .̂

moneys and rate's due or Ix'eoming due to such Board, and any projierty

of any kind hi'tonging to such Board .shall he apjiortioned hetweeii the

districts, all moiu'ys in any hank to the credit of the Board ol’ suili has liei'ii divided, in such mainu'r as the Governor shall direct.

(i i) When any vine district is aholislu'd, and t lu' ari'a llu'n'of

is included in another or other dist'ricts, the moiu'ys and propertii's of every (h'scriplion of tlu' Board of the abolished district shall hif transferred to llu' district, or ajiportioned amongst tlu' districts as till' Govi'rnor shall diri'ct, and the Board of any such last-mi'iitioiu'd district or districts shall have iiowi'r to colh'ct or I'l'Cover any rail's or moneys dui' to the Board of the aholislu'd district in resju'ct of any property nithin the area msigned to it.

(ill) When any vino district is aholislu'd, and tlu' area tlu'ri'or is not incliuh'd in any other district or districts, tlu' moneys and property of every (h'seri[ition of the Board of the abolished (list ilct, shall hi' dealt wilh as tlu' Governor shall diri'ct.

(iv) AVlu'n any vine district is uniti'd to any other district, all moneys or [iropertii's of cveiy description of the Board of the tirst- mentioned district, and all moneys and rates due to it shall he trans­ ferred to the Hoard of tlu' district, to whicli the tirst-ment ioned district is united, and such Board shall liavc power to colh'ct and ri'cover all moneys and rates due as aforesaid.

17. Every ])('rson who sells or oilers or I'xjiosi's for sale any inUci.'ii gnipi's ,u-

grapes or vines infected with the disease, shall he liable, in addition to any other ])enalty proviih'd in this Act, to a jienalty not I'xceeding live }iounds.

■kS. i f any ])erson refusi's to allow any inspc'ctor or district iVnaiiy fovoi.siu.-t-

able time his \ ineyard, ship, boat, store, or other huilding, premises,

or place to examine any vine, part of vine, grapes, case, box, liarrel,

or other recejilacle or package, or impedes, hinders, or attenijits to

impede or hinder any insiieetor or district inspector from irisjieeting

or examining the same shall, in addition to any ot her ])('nalty }irovi(h'd

in this Act, he liable to jiay a penalty not exceeding live pounds for

inspector, on the production of his authority, to enter at any reason- »>« nn.v oiiun-. v\diich the oll’enci' is continued.

!•’ B).

82	2 2 .	56° VIC.	1893.
Vine Diseases.

Penalty on inspoetor	49. If Euiv iiispcctor OP any otlici’ ofTict'r of a Eoavd wilfully violatos 01’ ouiits to comply ivitli, or nc”’lccts or refuses to enforce any provisions of tliis vVet or any regulations tlicroundcr Avliich lie is required to comply with or enforce, he shall he liahlc to a penalty not exceeding fifty pounds.
or oUiei-oiricev.
Eccotcit of penalties.	50. A ll sums of moiicy I’ccovcrahle from any person under this Act, and all penalties imposed or made payable under this Act, may he recovered in any court of petty sessions.
Appropriation of
penalties.	51. (i) All penalties and sums of money recovered hy any officer appointed liy the Governor, or authorised by the Minister shall be paid into the pul die revenue.
(ii) All penalties and sums of money recovered hy any officer of a Board shall lie paid to the treasurer of the Board to which such officer belongs.

Power of Grovernor 52. The Governor may make all such regulations as may from

to mate regulations,	.|-q time appear to him necessary for carrying into effect tlic several provisions of this Act, ;md all regulations so made shall, after publication in the (Joternmeut Gazette, have the same force and effect as if embodied in and forming part of this A c t : Provided that all such regulations shall he laid before Parliament within fourteen days after publication if Parliament he then sitting ; if not, then within fourteen days after the commencement of the next Session of Parliament.
Koctifieation of
errors.	53. Any error in any proclamation made under this Act may he rectified hy any subsequent prochamation, and after the rectification of the error the original proclamation shall he deemed to have been made, and shall he read as corrected. And no misnomer, inaccurate description or omission in any such proclamation shall in any wise suspend or impair the operation of this Act with respect to the matter so misdescribed or omitted.

SCHEDULES.

SCHEDULE t.

HowuJaries o f Ihe Cirmlcrhuul, Murray Jlivcr, and Jfiinfo' JR/ver Tine Disiric/s.

1. The Cumlicrlaiul Vine District; comprises the counties of Cuinborlanil and Camden.

2. The Murray Eiver Vino District comprises tlic counties of Denison, Hume, and

Goulburn.

a. The Hunter Eiver Vino District comprises the counties of Northumherland, Durham,

and Gloucester.

SCHEDULE ir.

Notice o f Tnnporary Qnnranlinc.

N otice is hcrehy given tha t I have from this day forth quarantined the \ ineyard owned or occupied hy you situated \jnxert sihiation of cincyardi]. (Such vineyard will continiio (|uai’antiiied imiil released therefrom h\' order ot the \_insc.rt Minister, or chairman of

the hoard, as the case may ; 1

fSir/ned)

Inspector (or District Inspector).

SCHl-DULL

1893. 56° VIC. No. 23. 83

Lunac]] A ct Further Amendment.

SCHEDULE ]II.

1 ine Dislrict.

linTiiJiN of tlio number of acres planted witli r iiies in the vineyard owned or occii])ied

by the undersigned.

Nnino iiiid Adtlress. Portion No. iind Parish. Aroa ])lunt('d ■witli Vines. Kemai'hs.

I , of , do solemnly and sincerely declare that I am the 'lOwner and occupier, or occupier, as the case may ie] of the vineyard above-named, and that the above return contains a just and true account of ihe several matters therein set I'orth respecting the same vineyard.

(Siynatu re.)