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The Crown Lands Act Further Amendment Act.-1914.

section 20 of Act

13. (1) Section 20 of "The Crown Lands Act Amendment Act, Amendment of 1905," is repealed, and in lieu thereof the following provision is No. 899 of 1905hereby enacted and shall be read as section 12 of the principal Constitution of Land Act, namely:

12. The Governor may appoint a Board, to be called "The Land Board," consisting of not less than three and not more than four members.

(2) Nothing in this section shall affect the office of any person who is a member of the Land Board at the passing of this Act.

14. Section 68 of the principal Act is amended by striking out all the words after the word "forfeited" in the eighth line thereof.

Board.

Amendment of section
Forfeiture of leases

68 of principal Act

and agreements.

of lease or agreement,

15. (1) In any case in which the Commissioner has power, under Instead of forfeiture section 68 of the principal Act, to cancel a lease or agreement, he may, a penalty may be instead of exercising that power, by notice in writing to the lessee imposed. or purchaser, impose a penalty of such sum as is fixed by the Board

in the particular case.

(2) Any penalty imposed under this section shall be recoverable in the same manner as rents or instalments under the lease or agreement (as the case may be) are recoverable when in arrear.

(3) Section 72 of the principal Act shall apply to any notice to be given under this section.

16. After notice has been given under section 70 of the principal Act of intention to offer a defaulting purchaser's or lessee's interest in an agreement or lease for sale by auction, such interest shall not be withdrawn from sale unless such purchaser or lessee has paid to the Commissioner such penalty as is imposed by the Commissioner, in addition to the upset price at which his said interest was, or was to be, offered.

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defaulter's interest

rents and breaches of

covenant.

17. When a defaulting purchaser's or lessee's interest in an Purchaser of agreement or lease has been sold under section 70 of the principal under section 70 to Act, the purchaser at the sale shall be liable for the payment of all be liable for future instalments or rents (as the case may be) and other (if any) moneys falling due under the agreement or lease after the date of the sale, and from that date shall be bound by and subject to all the terms, covenants, conditions, and provisions of the agreement or lease.

section 166

18. Section 166 of the principal Act is amended by striking out Amendment of the words" and provided that no extension shall exceed nine months" Extension of time for at the end thereof. 19. Section payment.

Amendment of section

182

Surrender of

agreement or lease

being part of a small estate of a deceased

person.

Amendment of

The Crown Lands Act Further Amendment Act.-1914.

19. Section 182 of the principal Act is amended by substituting for the first twelve lines thereof the following provisions, namely:

182. The Governor may, upon the application

(a) of the executor of any deceased lessee or purchaser under any Crown lease or agreement, who has left a will, or of any person entitled to obtain letters of administration of the estate of such deceased lessee or purchaser or of any part of such estate left unadministered, or

(b) of the widow, widower, or next of kin of any deceased lessee or purchaser under any Crown lease or agreement, who has died intestate,

permit the surrender of the lease or agreement by such executor, person, widow, widower, or next of kin, in the name of the deceased lessee or purchaser without probate of his will or letters of administration of his estate or of any part thereof left unadministered having been granted, if the Commissioner is satisfied that

1. the applicant is the person entitled to prove the will of the deceased, or to obtain letters of administration of his estate, or of such part thereof left unadministered.

20. Subsection (1) of section 238 of the principal Act is amended Parties compellable to So as to read as follows:

section 238

give evidence in

certain cases.

Amendment of section

(1) In any proceeding under this Part, all parties to any agreement, such as mentioned in Division 1. (b) of Part XIII., made in connection with an auction, and all persons making or receiving any offer, with or without threats, to enter into such an agreement, shall be compellable to give evidence upon all matters relating to such agreement or offer.

21. Section 8 of "The Crown Lands Act Further Amendment 8 of Act No. 1109 of Act, 1912," is amended by substituting the number "6" for the number "16" in the second line thereof.

1912.

Governor's powers of cancellation and resumption to be exercised by the Commissioner.

22. Wherever by any provision of the principal Act, or of any amendment thereof (including this Act), power is given to the Governor to cancel or forfeit an agreement or lease, or to accept the surrender thereof, or to resume lands comprised therein, such provision shall, from the passing of this Act, be read as conferring the said power upon the Commissioner, instead of upon the Governor : Provided that where the power of the Governor is expressed to be exercisable in the name and on behalf of His Majesty it shall be exercisable in like manner by the Commissioner.

23. (1) The

The Crown Lands Act Further Amendment Act.—1914.

lands may be exchanged for land

grants.

23. (1) The lessees under miscellaneous leases of lands situate in Miscellaneous leases of Tumby Bay town the town of Tumby, in the hundred of Hutchison, may surrender such leases in exchange for land grants of the lands comprised in their respective leases, at prices to be fixed by the Land Board. (2) When any land grant is issued pursuant to this section, the land comprised therein shall be deemed to have been sold subject to the condition mentioned in section 28 of "The Crown Lands Act No. 1068 of 1912. Further Amendment Act, 1912"; and, for the purposes of that section, the date of such land grant shall be deemed to be the date of sale. The said condition, including the date when the same is to terminate, shall be expressed in the land grant, and thereupon and thereafter the provisions of subsections (2) to (5) inclusive of the said section 28 shall apply.

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. ¦

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An Act to further amend "The Pinnaroo Railway Act."
[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

BE

follows:

1. (1) This Act may be cited alone as "The Pinnaroo Railway Short titles. Act Further Amendment Act, 1914."

(2) "The Pinnaroo Railway Act," "The Pinnaroo Railway No. 831 of 1903. Act Amendment Acts, 1907 and 1908," and this Act, may be No. 928 of 1907. cited together as "The Pinnaroo Railway Acts, 1903 to 1914." No. 955 of 1908.

other Acts.

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

3. (1) The District Council or Councils within whose Districts are situated any lands which have been reserved under section 13 of "The Pinnaroo Railway Act" as break winds (hereinafter referred to as "breakwind reserves") may apply in the Commissioner of Crown Lands to declare parts of wind reserves to be public roads, and to close roads or parts of roads abutting on such breakwind reserves.

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writing to such break

(2) Thereupon

Power to declare public roads through and to declare adjaof such reserves.

breskwind reserves

cent roads to be parts

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