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The Vermin Act.-1914.

(11) Any sum payable under this section shall be recoverable by action in any Court of competent jurisdiction, or summarily in manner indicated by section 273.

(12) For the purposes of this section, the Surveyor-General shall be deemed to be the occupier of Crown lands.

PART V.

area a Vermin-Fenced

constitute the fenced

905, 1905, s. 160, as

157. (1) In every case where a fence has been erected under The Governor may section 156 of this Act or section 159 of "The Vermin Act, 1905," the Governor, on the recommendation of the Commissioner, District. may by proclamation declare the lands shown on the plan (with respect to such fence) under subsection (1) of the said section 156 or of the said section 159 (as the case may be), as the lands which would be benefited by such fence, to be a Vermin-Fenced District for the purpose of this Act.

(2) The power conferred by subsection (1) hereof may be exercised. without any petition and notwithstanding that the provisions of section 43 have not been observed in the particular case: Provided

that

(a) the proclamation shall assign a name to the District thereby constituted and shall define the boundaries thereof, and

(b) subsection (4) of the said section 43 shall apply. (3) Upon and from the constitution under subsection (1) hereof of a Vermin-Fenced District, all the provisions of this Act shall apply as if such District had been constituted under section 43: Provided that the provisions of subsections (2) to (12) inclusive of section 156 shall continue to apply, instead of the provisions of this Act (as to the matters dealt with in those subsections) which would apply in case such District had been constituted under section 43.

158. A document purporting to be certified by the SurveyorGeneral as a correct copy of a plan laid before Parliament under section 156 of this Act or under section 159 of "The Vermin Act, 1905" (as the case may be), shall be prima facie evidence that the owners and occupiers of the land shown on such document as the lands which would be benefited by the fence proposed to be erected, are liable under section 156 in respect of the cost of the fence erected under that section, and that they are so liable in the proportions shown on such document.

substituted by 1135,

1913, s. 9.

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159. The Commissioner, by himself or any person or body Commissioner may authorised by him in that behalf,

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(a) may erect a rabbit-proof or other vermin-proof fence or gate across any road in the State not within any Municipality or District Council District :

(b) shall provide and fix a gate of a width of at least twelve

feet in every such fence:

(c) may remove such fence:

erect vermin-proof fences across roads.

905, 1905, s. 162. 1135, 1913, s. 10.

(d) may

PART V.

The Vermin Act.-1914.

(d) may order the removal of any fence or gate erected across any road, if, in his opinion, such removal is necessary for the public convenience:

(e) shall give six months' notice of such removal, by notice published in the Gazette, to occupiers affected by such fence, to enable them to erect the necessary fencing for the protection of their land.

PART VI.

DIVISION I.

Interpretation.

905, 1905, s. 4 (part).

Regulations.
Ibid., s. 191.

DIVISION II.

Existing loans.
Ibid., s. 164.

No. 478 of 1890.

No. 905 of 1905.

Loan for wire netting
fencing may be made
by Governor.
Ibid., s. 165.

PART VI.

WIRE NETTING AND VERMIN-PROOF FENCING BY
OWNERS AND OCCUPIERS.

DIVISION I.--GENERAL PROVISIONS.

160. In this Part

"Occupier" includes the owner or tenant of any freehold land, and any person holding land from the Crown under a pastoral lease or agreement to purchase, or as scrub lessee, forest lessee, or miscellaneous lessee, or holding land from the Crown on lease with a right of purchase or on perpetual lease, or holding a perpetual lease of lands granted or dedicated by way of endowment for education: "Special area means the land for the benefit of which a loan is desired or intended to be applied for or which is described by an order of the Governor granting a loan.

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161. The Governor may make regulations prescribing the kind of wire netting fences to be erected in pursuance of this Part, and generally for carrying the purposes of this Part into effect.

DIVISION II.-WIRE NETTING BY MEANS OF LOANS TO DISTRICT
COUNCILS.

162. Notwithstanding anything in this Act, all loans for wire netting or other materials granted before the passing of "The Vermin Act, 1905," under the provisions of "The Vermin-proof Fencing Act, 1890," or any Act amending the same or relating to vermin fencing, shall, as regards repayment, be subject in every respect to the law affecting the same respectively as the same was in force immediately prior to the passing of "The Vermin Act, 1905."

163. (1) A Council may borrow money from the Government for the purpose of purchasing wire netting and supplying the same to occupiers of land in a special area within the District of such Council.

(2) The Governor may, on the application of a Council, grant a loan to such Council for such purpose.

(3) Such loans shall be made out of any moneys voted by Parliament for the purposes of this section. 164. No

The Vermin Act.-1914.

PART VI.

DIVISION II.

164. No Council shall apply for a loan until after the receipt by Application to be it of a petition under section 165.

preceded by a
petition.
Ibid., s. 166.

165. Every petition to a Council to obtain a loan under section Requisites of 163 shall

(a) describe the special area for which the petitioners desire a loan to be obtained by the Council, and state the acreage of the whole of such special area and the acreage held by each occupier of land therein:

(b) be signed by a majority in number of the occupiers of the land in the special area:

(c) be signed by petitioners occupying more than one-half of the land of such area:

(d) describe shortly the land occupied by each petitioner, and state the acreage thereof :

(e) give an estimate of the probable cost of the whole of the wire netting required for the land in such area, and ask that the Council will apply to the Governor for a loan of the amount of such estimate:

(f) Give an estimate of the wire netting required for each
petitioner's land and the probable cost thereof, and an
estimate of the extent of fencing to be erected by each
occupier:

(g) state whether in such special area any two or more adjoin-
ing properties can advantageously be enclosed by one
continuous wire netting fence instead of being separated
by dividing fences, and, if so, state in each case the
estimated cost of such continuous fence, and the pro-
portion thereof to be borne by each occupier of property
to be enclosed by such fence:

petitions. Ibid., s. 167.

(h) state that each petitioner signing the petition undertakes to 1107, 1912, s. 4.
pay to the Council in each year one-twentieth part of 1135, 1913, s. 11.
his proportion of the value of all wire netting obtained
by the Council by means of the loan proposed to be
obtained, together with interest at the fixed rate on the
balance for the time being remaining unpaid, and also
undertakes to pay annually to the Council, for the
purpose of defraying the expenses of administration in
connection with the loan, an additional sum calculated at
the rate of Ten Shillings per centum per annum upon the
amount for the time being due by him in respect of his
proportion of the value of such wire netting, or if any
such sum so calculated amounts to less than One
Shilling, then the sum of One Shilling:

(i) contain an undertaking by each petitioner to erect on his
land all the wire netting furnished to him to the satis-
faction of the Council, or to join with other occupiers in
erecting all necessary fencing:
(j) where

PART VI.

DIVISION 11.

Signatures to petition.

905, 1905, s. 168.

Declaration to accompany petition. Ibid., s. 169,

Presentation of

petition to

Council.

Ibid., s. 170.

Council to transmit petition to the Commissioner.

Ibid., s. 171.

Governor may grant loan.

The Vermin Act.-1914.

(j) where a petition is signed by one occupier only, the requirements of this Act shall be complied with as nearly as possible by such occupier; and the signature of such petitioner, instead of being verified as provided in section 166, shall be verified by a Justice.

166. Every signature to a petition shall be verified by the solemn declaration of some person signing such petition, and such declaration shall be in the form in the Eighth Schedule, or in a form to the like effect.

167. No petition shall be received by a Council unless accompanied by a declaration as required by section 166.

168. Every petition shall be left with the Clerk of the Council and shall thereupon be deemed to be duly presented.

169. (1) The Council shall consider any petition so presented, and shall, if they determine to apply for a loan in accordance therewith, transmit such petition to the Commissioner, together with any information they desire to convey, or which the Commissioner may require, in reference thereto.

(2) The Council shall transmit, with such petition, an application for a loan on the terms prayed in such petition, or on such other terms as they think fit.

(3) Such application shall contain an undertaking to repay such loan in accordance with the provisions of this Act.

(4) The application may be in the form in the Ninth Schedule.

170. (1) The Governor may, on the recommendation of the Commissioner, and subject to such terms and conditions as he Ibid., s. 172, except (5) thinks fit, make an order granting the whole or any part of the loan applied for.

and (7).

(2) If part only of the loan is granted, such order shall state whether the loan is for the benefit of the whole of the land described in the petition or of any specified part of such land.

(3) The Governor may, in such order, direct that any specified part or parts of the land described in the petition shall be enclosed by continuous wire netting, and that no part of the loan shall be expended in materials for the purpose of erecting or rendering vermin or rabbit proof any dividing fence within such specified part or parts.

(4) Every loan shall be payable to the Council in the instalments specified in such order or determined by regulations.

(5) The proportion of the loan which each occupier of land in the special area shall pay to the Council shall be set out in such order.

(6) Every order made under this section shall be published in the Gazette, and shall be conclusive evidence of the statements contained therein. 171. (1) All

The Vermin Act.-1914.

PART VI.

DIVISION II.

area charged with

171. (1) All land of an occupier in a special area, whether the Land in the special occupier thereof has signed the petition or not, shall (unless certified payment for netting. by the Council when forwarding the petition to be already sufficiently Ibid., s. 172 (5) and fenced with wire netting) be chargeable with payment for all materials (7).

for wire netting which the Council furnishes to the occupier of such 1135, 1913, s. 11. land, or offers to furnish to such occupier, and whether the same is accepted by him or not, and also with the payment of the interest and additional sums mentioned in subsection (h) of section 165.

a specialty contract.

(2) The undertaking referred to in subsection () of section 165 Undertaking in shall, as between each person who signed the petition under that petition to be deemed section, or the occupier for the time being of the land of such person and the Council, be deemed to be, and may be enforced as, a specialty

contract.

172. (1) If a Council, having received a petition under section 165, does not apply under section 169 for such loan, the Council shall transmit the petition to the Commissioner, together with any information they desire to convey, or which the Commissioner may require in reference thereto, and also with a statement of the reasons why the loan is not applied for.

(2) If upon considering such petition, information, and statement the Commissioner is not satisfied that sufficient reasons exist for not applying for the loan, the Commissioner may give notice to the Council that he will recommend the Governor to make advances to the petitioners on account of the Council unless, within a time specified by such notice, the Council applies for the loan.

(3) If the Council does not within the time so specified apply for the loan the Commissioner may recommend to the Governor that advances be made to the petitioners, and the Governor may, subject to such terms and conditions as he thinks fit, make an order granting advances to the petitioners, or any of them, of the whole or any part of the amount of the estimate given in the petition, and advances shall be made accordingly.

(4) Such advances shall be deemed to be made by the Governor on account of the Council, and all the provisions of this Act shall apply, mutatis mutandis, as if—

1. the order granting the advances were an order under
section 170 granting a loan applied for by the Council;
II. the total amount of the advances were a loan applied for and
obtained by the Council, and were the value of wire
netting obtained by the Council by means of such loan;
and

III. the amounts of the several advances were respectively the
values of wire netting furnished by the Council under
section 174 to the persons to whom the advances are
made by the Governor.

173. A

If Council unreasonably fails to apply for make advances on Council.

loan Governor may

account of the

1066, 1911, s. 17.

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