Waste Lands Act 1868 (SA)

No. 13.

A?t Act to atne~ld The W a s t e Lands A?nedne?zt Act, 1867."

[Aseented to, 30th January, 1869.1

HEREAS by '' The Waste Lands Amendment Act, 1867," it Preamble.

under the provisions thereof should be payable on the thirtieth day W is provided that the rents under the leases to be granted

of June and on the thirty-first day of Dccembcr in each year, and that, for the purpose of ascertaining the average number of sheep

and cattle actually depasturing on the lands included in any such

lease, and of fixing the amounts to be paid on such respective days, every lessee should fill in and forward a statement or return of the number of all sheep and cattle, whether belonging to such lessee or not, which, on certain days in the said Act more particularly men- tioned, might be actually upon or depasturing on the lands included in each lease held by such lessee: And whereas it is desirable that such statement or return should only include such sheep or cattle as may be the property of such lessee, or as may be depasturing upon the lands included in any such lease with the consent of such lessee; and further that particular days should be appointed as the time to which such statement or return shall have reference; and it is also desirable to provide for returns being made of all travelling aheep or cattle, and to render the owners thereof liable to certain payments in respect thereof, as hereinafter is more particu- larly mentioned-Be it therefore Enacted, by the Go~ernor of the

P

Province of South Australia, with the advice and consent of the

Legislative Council and Houge of Assembly of the said Province,

in this present Parliament assembled, as follows:

1. This

32O VICTORIB, No. 13.

a Waste Lands Amendment Act.-1 868-9.

1. This Act and the said The Waste Lands Amendment Act;

1867," shdl be incorporated, and read together as forming one

Act,

Return of dock de-

paeturing only to in-	2. Notwithstanding anything contained in t h e eighth section of necessary for the lessee of any lands included in any lease, or the overseer or other person by such scction required to fill up and forward the statement or return as therein mentioned, to include in such statement or return, any sheep or cattle, except strch as may
elude auch an belong	the said " The Waste Lands Amendment Act, 1867," it shall not be
to lessee.
be the property of such lessee, or as may be depasturing upon the
lands included in any such lease, with the consent of such lessee, over- seer? or other person as aforesaid, and which may be actually upon, or depasturing on such lands at the hour of iloon, on the respective days in such section more particularly mentioned, and the form con- tained in the Second Schedule to the said Act may be altered accord- ingly; and no lessee, overseer, or other person as aforesaid, shall be liable to any penalty, or to suffer any forfeiture by reason only of any such statement or return as aforesaid not including any sheep or cattle not the property of such lessee or depasturing as aforesaid, with his consent, or with the consent of such overseer or other person as hereinbefore mentioned.
Return of travelling
atack to be forwarded	3. Every lessee of any lands included in any such lease, or in person having the care and management of the lands or run included in any such lease, shall within ten days from the first day of February, April, June, August, October, and December, in each year,fill up and forward to the Commissioner of Crown Lands, through the medium of the General Post Office-the letter or envelope en- closing. such statement or return being registered-a statement or return xn the form in the First Schedule hereto, of the number of all sheep and cattle, not being the property of such lessee, or depasturing

to Comrnie~ioner	of	case of the absence of any such lessee, then the overseer or other
Crown Lands.
on such lands with his consent, which, on the first day of the hereinbefore mentioned months, were actually upon or depasturing
on the lands included in each lease (if more than one), under which the lands forming such run are held; and such return shall also
give the names and addresses of the owners, and of the persons in
charge thereof, so far as such can be ascertained; and such state- ment or return shall be signed by the lessee, overseer, or other person making the same, and shall be certified by him to be correct in all particulars.

L e ~ e e a to make

return of travelling 4. I n addition to the return required to be forwarded by the last

mtook belonging to	preceding section, every lessee, overseer? or other person as afore-
themselves.	said, shall, within three days from the first of June and first De- cember in each year, fill up a i d forward in the like manner as is prescribed in rekrence to the returns required to be forwarded by
the said section a statement or return in the form in the Second
Schedule hereto, of all sheep and cattle the property of such lessee which, within the six rnontbs nest preceding the date of such return,

have

32' VICTORIX, No. 13.

TVaste Lnuds ArneuBvzc?lt Act -1868-9.

have been travelling over any of the waste lands of the Crown in the said Districts A, B, or C, whether such lands may be held under lease or not (except such lands as are leased to the said lessee), giving the brands, or other marks of such sheep or cattle, and the name of

the person in charge thereof, and such return shall also state where to the best of the knowledge of such lessee, overseer, or other person,

such sheep or cattle actually were on the first day of the months of February, April, and June, or August, Octobcr, and December, as the case may be, next preceding the date of such statement or return, which shall be signed by the lessee, overseer, or other person making the same, ancl shall be certified by him to be correct in all particulars.

5. If any lessee, overseer, or other person shall wilfully make, Panalty for fabe turn.

sign, or forward any false statement or return under either of the two last preceding sections, or shall make or practice any fraudulent contrivance or device whatever, with intent thereby to conceal or misrepresent the number of sheep or cattle actually upon or depasturing on any land demised under the said "The Wastc Lands Amendment Act, 1867," not being the property of such lessee, or depasturing thereon with his consent at the time mentioned in any such statement or return, such lessee, overscer, or other person so offending shall for every such offence forfeit and pay a sum of not less than Fifty Pounds nor more than Two Hundred Founds; or, in default of payment, to be imprisoned for a period of not less than six months, and not exceeding two years.

to fill up and forward such statcments or returns at the times herein- to forward return, 6. If any lessee, overseer, or other person as aforesaid shall omit Penalty for omittiq

before provided for forwarding the same, a sum of Ten Pounds for every week during which such omission co~itinues shall be added to the rent payable under the lease in respect of which such omission

has been made,

7. The Commissioner of Crown Lands shall forthwith forward a Owners of trareIEing

copy of the returns made in pursuance of the third section to the liable to stock being lemea

owners of any sheep or cattle therein rncntioned; and if such ment in renpeot

owner shall be the holder of any Icase under the said Act, or thereof.

of any lease for pastoral purposes under any other Act, the Com- missioner shall notify to such owner that hc is liablc, and he shall be liable accordingly, to pay in addition to any rent pay- able under any lease or lease8 held by him, a sum equivalent to one penny for every head of sheep, and sixpence for every head of cattle included in any such return, and therein stated to belong to him; and if any such owner shall neglect or refuse to pay the amount so notified to be due by him in respect of such sheep or cattle at the time when the rent payable under any lease held by him next becomes due, he shall beiiable to the lilrd penalties and to have all leases held by him forfeited in like manner ss if he had made default in the payment of rent under any of such leases as provided by the thirteenth section of the said Act.

P. Thc

48 32" VICTOHIB, No. 13.

Waste Lands Amendment Act.1868-9.

Ownersal~oliable to

certain other pay- 8. The owner of all sheep or cattle included in any return made

- ments. in pursuance of section four shall be liable to pay, in addition to any other payments to be made by him, a sum equivalent to One Penny for every head of sheep and Sixpence for every head of cattle included in such return, unless such owner can show, to the satis- faction of the Commissioner of Crown Lands (whose decision on any such question shall be final), that any of the sheep or cattle included in such return have also been included in any return made in pumuance of the second section, in which case such owner shall only be liable to pay in respect of such of the said sheep or cattle as have not been ii~cluded in any such last mentioned return; and

' him under this section, in respect of such sheep or cattle? at the	if any owner shall neglect or refuse to pay any amount payable by
time when the rent payable under any lease held by him next becomes due, he shall be liable to the like penalties, and to have all leases held by him forfeited in like manner as if he had made default in the payment of rent under any of such leases, as provided by the thirteenth section of the said Act.

If owner, not leasee,

on non-payment, 9. If the owner of any sheep or cattle included in any return made lease under the said Act, or if the owner thereof cannot be ascertained, the Commissioner may, by writing under his hand, authorize any Police Trooper, Crown Lands Ranger, or other person as to him may seem expedient, to demand, after showing his authority, from such owner, or the person in charge of such sheep or cattle, a sum equivalent to One Penny for every head of sheep, and Sixpence for every head of cattle, included in any such return, and thcrein stated to belong to such owncr, or to be i11 charge of such person, the number of sheep or cattle respectively in respect to which such sum is claimed, and the brands or other marks by which the same are distinguishable, being so far as practicable specified in such authority; and such owner or person in charge as aforesaid shall be liable to

m q be ~ i. * d in pursuance of the second section shall not be the holder of any pay the amount so demanded; and if he shall neglect or refuse for

ma #old.

twenty-four hours after such demand, to pay the amount so demanded,

such Police Trooper, Crown Lands Ranger, or other person as aforesaid, may seize and detain such sheep or cattle, wherever found; and if payment of such amount is further delayed for the space of five days, such sheep and cattle shall, as soon as conveniently may be thereafter, be sold by private contract or public auction, for the best prices that can reasonably be obtained for the same; and the proceeds shall be applied in payment of all expenses in connection with such seizure and sale, and of the amount mentioned in such authority as due in respect of such sheep or cattle; and the balance (if any) shall be paid over to the owner, or person in charge of such sheep or cattle: Provided that no greater number of such sheep or cattle shall be sold than may be reasonably considered necessary for the purposes aforesaid.

10. The authority in writing, signed by the Commissioner of Crown

Lands, authorizing any Police Trooper, Ckollin Lands Ranger, or

other

32" VICTORT,E, No. 13.

other person as aforesaid to make any demand as aforesaid shall be

a sufficient authority for seizing and selling any sheep or cattle

therein mentioned in case default shall be made by the owner or person in charge in paying the amount demanded as provided by the last preceding section.

12. Notwithstanding any thing contained in the said " The Waste Where several leacler contiguouri in the

Lande Amendment Act, 1867," or this Act, where contiguous lauds ,,,, district one

in the same district, included in more leases than one, are occupied return may b3 made

for all.

a naed together as one run, the statements or returns by the said Act

and this Act required to be made may be made in the slznle manner

as if the whole of such lands were included in one lease.

In the name and on behalf of the Queen I hereby assent to

this Act.

F, G. HAMLEY, Governor.

THE

32" VICTORIS, No, 13. --p-

Waste Lands Amendment A c t. 1 8 68-9.

THE FIRST SCE-IEDULE.

A Return of all Sheep and Cattle which, on the 3 r d d a y 01 *

18 , were travelling ouel* the Waste Lands of the Crown situate in District

, and inclucled in Lease No. .

-- -

Number of Name of From whence

Sheep and Same of Owner Destination

Persoll in travelling

Cattle (if !mown). Charge. (if known!.

travelling. (if known).

Cattle. . . . .. . . . . .. ..

I

, i n the Province of South Australia, the

lesqee (or overseer o r manager for the lessee, ns the case may be) of the waste lands of the Crown s i~ua te in Ilistrict, and included in Lease No., do hereby certify and declare that, to the best of my knowledge and belief, the above is a true and correct return in all particulars of the total number of all sheep and cattle, not b e i q my property [ i f return made by overseer say not being he property of the said

1, or depasturing on the skid lar~de with my consent, which,

on the first day of , 18 , were actually upon, travelling

orer. or depsturing cn the lands comprised in such lease.

Signed thie day of , 18 , b y me

A. B.

Witness-

THE SECOND SCHEDULE.

A Return of a21 Sheep and Cattle, the property of [name of Lessee], tohich, withif,

the six months next preceditig theJirst Ilay of , 18 , huae been tmvelling

over any of the JVaste Londs of the Crown, i?lcluded in any of the Dis lr ick

A, B, or C, except such lands as arc! IzeM uuder Lease by the said [name

Where supposed to be

on the 1st day of . - -

S a m e of peraon Marks or If trvelling, If travelling, Feb. 1 April, I June.

in charge.	I Brand.. / frwn wlience.	Destination.
1

As the case may 6e.

1, V of , in the Provirlce of South Australia, the lessee

[or overseer, or manager for the lessee, as the c n w may 6e] of the waste lands of t i le Crown sitiiate i n D;strict, and i~:cluclecl i n 1, r. a ~ ~ S o. , do liereby certify and

tletl :re thc\t, t u t l: ~ ;ic?t cf m! kilow!r.cit;c :.R:! h:-li f, I!!? ;: ~ J V C ' 8 :t 11. 12 and c, ~ ~ r e c t

I c t u r n

32" VICTORIZE, No, 13. 51

Tfirste Lccnds Amendmm t Act,-1868-9.

return in all particulars of all sheep and cattle, being my pro erty [v return m.r&

t y overseer, say being thc property of the said p which within the a ir

months next preceding the first day of , have been travelling over

, l 8

any of the waste lands of the Crown, included in Districts A, B. or C, whether under lease or not, except such lands as are included in leases held by me [ d f return

made by overseer, say held by the said 1.

Signed this day of 18 , b y m e

A. R.

Witness-

-. --- --

-v

Adelaide : Printed bp authority, by W. 0. Cox, Govwnment Frintrr swfi-temwx,