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Evidence of by-laws.

By-laws may be made.

Cf. National Park Act, 1891, s. 7.

Cf. English Advertise-
ments Act, 1907.
8. 2.

The National Pleasure Resorts Act.-1914.

(b) the allegation that any lands are lands vested in the Minister shall be deemed to be proved until the contrary is proved.

20. A copy of the Government Gazette purporting to contain a copy of any by-law, shall be conclusive evidence of the making of such bylaw and of the contents thereof; and shall be prima facie evidence of the validity thereof.

21. (1) The Minister may make all such by-laws as may be necessary or convenient for carrying into effect all or any of the objects expressed in or implied by this Act, or as may be incidental to or in anywise connected with such objects; and, without limiting or derogating from the foregoing general power, it is hereby declared that the Minister may make by-laws

(a) prescribing the duties and powers of the officers and employés; (b) for the care, control, management, and preservation of the lands vested in him, or any of them, and all things therein;

(c) for regulating traffic, and the carriage of passengers in such lands, or any of them, for ensuring the good conduct of visitors thereto, and for fixing the hours during which such lands, or any of them, shall be open to the public;

(d) for depasturing cattle thereon and impounding stray cattle found thereon;

(e) for the exclusion of goats, pigs, dogs, and poultry therefrom, and for their destruction if trespassing thereon;

(ƒ) for the protection, preservation, and propagation of native and imported birds and animals and plants therein;

(g) for regulating, restricting, or preventing the exhibiting of advertisements in such places, or in such manner, or by such means, as to affect injuriously the amenities of such lands, or any of them, or to disfigure the natural beauty of a landscape;

(h) for regulating, restricting, or preventing the writing, soiling, defacing, stencilling, chalking, or painting upon any fence, post, rail, pole, seat, bridge, tree, tree-stump, shrub, bush, rock, rock-face, or other object, on such lands or any of them;

(i) for preventing the fixing of any advertisement of any kind whatsoever, or any writing, chalking, soiling, defacing, stencilling, or painting upon such lands, or any of them, or on any road, footpath, footway, carriage-way, fence, post, rail, pole, seat, bridge, tree, tree-stump, shrub, bush, rock, or rock-face, or any building or other structure therein or thereon;

(i) for regulating the sale, or

the sale, or the offering or exposing for sale, of goods on such lands, or any of them; and the erection of booths, tents, and other structures for such purpose:

(k) for

The National Pleasure Resorts Act.-1914.

(k) for regulating the lighting of fires on such lands, or any of them, or adjacent thereto;

(1) generally for the more regular and efficient government of such lands, or any of them; and

(m) fixing penalties for offences against by-laws, not exceeding for any offence the sum of Twenty Pounds.

(2) No by-law shall have any effect until confirmed by the Confirmation by the Governor.

(3) All by-laws, when so confirmed —

(a) shall be published in the Government Gazette:

(b) from the date of such publication, or from a later date fixed by the Governor, shall (subject as by subsection (4) hereof provided) be of the same effect as if they were contained in this Act; and

(c) shall be laid before both Houses of Parliament within fourteen days after such publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session.

(4) If either House of Parliament passes a resolution disallowing any by-law, of which resolution notice has been given at any time within fourteen sitting days of such House after such by-law has been laid before it, such by-law shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.


Publication and effect of by-laws.

(5) When a resolution has been passed as mentioned in subsection Resolution to be (4) hereof, notice of such resolution shall be published in the notified in Gazette. Government Gazette.

lands vested in the

22. (1) Any action or other legal proceeding in respect of any Who to bring and of the lands vested in the Minister, or any other property vested in defend actions as to him under this Act, shall be brought, or may be defended, by Minister. the Minister, or by any person apppointed by him for the purpose by writing signed by him: Provided that an information for an offence against this Act may be laid and prosecuted by any person.

(2) The production of a document purporting to be signed by the Minister and to appoint any person as aforesaid shall be sufficient evidence that the person therein mentioned has been duly appointed by the Minister for the purpose therein mentioned, and shall be primú facie evidence that the person producing such document is the person thereby appointed.

23. (1) All proceedings in respect of offences against this Act Summary shall be by information, which shall be heard and determined in a proceedings. summary way by a Special Magistrate or two Justices, and shall be regulated by the Ordinance No. 6 of 1850, and any amendments thereof, or any Act or Acts in force regulating summary proceedings before Justices.

(2) All


Special case.

How funds to be provided.

The National Pleasure Resorts Act.-1914.

(2) All convictions and orders made by such Magistrate or Justices may be enforced as provided by the said Ordinance or any other such Act as aforesaid.

24. (1) There shall be an appeal from-

(a) any conviction by any Special Magistrate or Justices ;

(b) any order of a Special Magistrate or Justices dismissing any information; or

(c) any other order made by a Special Magistrate or Justices, under this Act.

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

(3) The proceedings on such appeal shall be regulated by the said Ordinance No. 6 of 1850, and any amendments thereof, or any other Act or Acts in force regulating appeals to Local Courts: Provided that the Local Court may make such order as to costs as it thinks fit, and the amount of costs ordered may exceed Ten Pounds.

25. (1) The Local Court upon the hearing of any such appeal may state a special case or cases for the opinion of the Supreme Court.

(2) The Supreme Court shall hear and decide any such special case according to the practice of the Supreme Court on special cases, and may make such order as to the costs of such special case as to the said Court appears just.

(3) The Supreme Court may send such special case back for amendment, or may itself amend the same.

(4) The Magistrate or Justices or the Local Court shall make an order in respect to the matters referred to the Supreme Court in conformity with the certificate of the Supreme Court, or of any Judge thereof.

(5) Such order of the Magistrate or Justices or Local Court shall be enforced in manner provided by section 23 or otherwise by law.

26. Any moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for such purposes.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
H. L. GALWAY, Governor.

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small]

An Act to further amend "The Administration and
Probate Act, 1891," and for other purposes.

[Assented to, November 19th, 1914.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as



1. (1) This Act may be cited alone as "The Administration and Short titles. Probate Amendment Act, 1914."

(2) "The Administration and Probate Act, 1891" (hereinafter No. 537 of 1891. called "the principal Act"), "The Administration and Probate No 816 of 1903. Amendment Act, 1903,"" The Administration and Probate Amend- No. 854 of 1904. ment Act, 1904," and this Act, may be cited together as "The Administration and Probate Acts, 1891 to 1914."

2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1 hereof, and those Acts and these Acts shall be read other Acts. together as one Act.

section 4 of principal

3. (1) The definition of the expression "estate" in section 4 Amendments of of the principal Act is amended by the addition thereto of the Act following words:

"and shall include any money or other property subject to
any trust and received by the Public Trustee under order of
the Court."


(2) The

Definition of "'estate."

Definition of "personal representative."

Amendment of section

Public Trustees.

The Administration and Probate Amendment Act.-1914.

(2) The definition of the expression "personal representative" in section 4 of the principal Act is amended by the addition thereto of the following words, namely:-

“and shall, as regards any deceased person, include the Public Trustee when an order has been made under this Act authorising him to administer the estate of such person, notwithstanding that letters of administration may not have been granted to the Public Trustee."

4. Section 7 of the principal Act is amended by substituting the 7-Acting and Deputy word "Probates" for the word "Probate " in subsection (4) thereof, and inserting, after the word so substituted, the words "and Acting or Deputy Public Trustees."

Amendment of section 49

Action may be instituted to recover money.

Amendment of section


Proceedings for

executors and others to obtain administration after Public Trustee ordered to administer.

Amendment of sec-
tion 52-
Public Trustee may
be appointed attorney
for absent executor.

Amendment of section 88

Investment of trust

fund by Public


No. 586 of 1893.

Public Trustee may

take mortgage for

part of purchase


Cf. Act 944, 1907, s. 2.

5. Section 49 of the principal Act is amended by striking out the words "to recover any money from the estate of the deceased or" in the fourth line of subsection (4) thereof.

6. Section 51 of the principal Act is amended—

(a) by striking out the words "on being satisfied that the creditors, if any, of the deceased have been fully paid ", in the second and third lines thereof;

(b) by inserting after the word "deceased ", in the fifth line thereof, the words "or that letters of administration with such will annexed be granted to any person entitled to such letters"; and

(c) by inserting after the word "probate ", in the tenth line thereof, the words "or letters of administration ".

7. Section 52 of the principal Act is amended by the addition thereto of the following paragraph:

The Public Trustee may be appointed by power of attorney so to act, and probate or administration may be granted to him accordingly.

8. Subsection (2) of section 88 of the principal Act is further amended by the addition thereto of the following subdivision, namely:-

(e) In any investments in which a trustee is by section 4 of "The Trustee Act, 1893," or by any amendment of that section or any enactment substituted therefor, authorised to invest trust funds.

9. The power conferred on a trustee by section 2 of "The Trustee Act, 1907," is hereby conferred on the Public Trustee.

10. Section

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