PART VIII. DIVISION 1. Non-compliance with Ibid., s. 229 (2). The Vermin Act.-1914. 246. Any owner or occupier who does not, within fourteen notice to repair fence days after service upon him by a District Council or Vermin Trust of a notice requiring him to repair a wire netting fence erected upon his land under the provisions of this Act or of any repealed Act, or any gate therein, or to keep such fence or gate clear of sand, rubbish, or other accumulation, duly comply with such notice, shall be liable to a penalty not exceeding Twenty Pounds. DIVISION 11. Gazette conclusive evidence of proclama. evidence of facts DIVISION II. EVIDENCE. 247. (1) A copy of the Gazette containing a proclamation made by tion and prima facie the Governor or by the Commissioner under this Act or any Act hereby repealed shall be conclusive evidence of the fact, tenor, and validity of such proclamation, and shall be evidence of the facts stated, recited, or assumed therein. stated therein. Ibid., s. 230. Gazette evidence of appointments and elections notified therein. Ibid., s. 231. Gazette evidence of resolution of Board notified therein. Ibid., s. 232. Gazette containing notice of the making of a rate conclusive evidence. Ibid., s, 233. By-laws, minutes, contracts, &c., or certified copies, evidence. Ibid., s. 234. (2). No such proclamation shall be invalid by reason of anything required as preliminary thereto not having been duly done. 248. A copy of the Gazette containing a notice of the appointment or election of any person to any office in a District shall be conclusive evidence of such appointment or election, except in any proceeding brought to try the title of the person so appointed or elected. 249. A copy of the Gazette containing a notice that a resolution was passed or an order made at a meeting of a Board shall be conclusive evidence (a) of such resolution having been passed or such order having been made: (b) of the meeting having been lawfully convened : (c) of any facts stated in such notice relating to the majority by which such resolution was passed, and the number and proportion of members of the Board present. 250. A copy of the Gazette containing a notice that a rate declared by a Board is payable shall, except on proceedings to quash such rate, be conclusive evidence that the rate has been duly declared or made. 251. By-laws, minutes of a Board or a committee thereof, books and contracts, specifications, plans, estimates, and other documents by this Act required or authorised, which are in the hands of a Board, and any copy thereof or extract therefrom respectively which purports to be signed by the Chairman, or two members of the Board, or the Secretary, shall be receivable in any proceeding before any Court or person as evidence of the matters therein contained, and, in the case of by-laws, shall be evidence of the passing, confirmation, and publication thereof, and of the performance of the requirements of this Act in respect thereto. 252. Judicial The Vermin Act.-1914. PART VIII. DIVISION 11. 252. Judicial notice shall be taken of the seal of a Board by Judicial notice of seal. every Court and every Justice. Ibid., s. 235. 253. Nothing in this Act contained shall-. Saving of rules of evidence. (a) prevent proof being given of the tenure by any person of Ibid., s. 236. (b) prevent any notice purporting to be a notice given by a (c) negative any statutory or other rule of law as to evidence 254. In any proceedings for the recovery of the cost and expense of destroying vermin under Part II., a certificate purporting to be under the seal of the Council or Vermin Board, or under the hand of the Chairman of an Associated Board, or of the Commissioner (as the case may require), and specifying the amount of the cost and expense of such destruction, shall be received as prima facie evidence of the amount of such cost and expense. 255. (1) A copy of the Gazette containing any regulations purporting to be made by the Governor by virtue of this Act, or of any Act hereby repealed, shall be conclusive evidence of the making of such regulations. (2) A copy of the Gazette containing a notice that a resolution has been passed by either House of Parliament objecting to any such regulations shall be conclusive evidence of the passing of such resolution. Certificate prima facie evidence of cost of evidence of regulations, and also of either House objecting Gazette conclusive to them. Ibid., s. 239. 256. In any proceeding where it is desired to prove the amount Evidence of moneys of any payments due at the time of such proceeding or thereafter owing on land. payable under Part VI. in respect of any land, a certificate as to such amount, signed by the Commissioner or by the Clerk of the Council (as the case may require) shall be prima facie evidence as to such amount. DIVISION III-LEGAL PROCEDURE. 257. In the event of any person against whom a Board has any claim or demand being adjudicated insolvent, or making a statutory assignment for the benefit of, or a composition with, his creditors, the Secretary, treasurer, or any other officer of the Board, appointed by the Chairman, in writing under his hand, may represent the Board in all proceedings relating to the insolvency or assignment or composition of such person, as if such claim or demand had been the claim or demand of such Secretary, treasurer, or officer. 258. In DIVISION III. Representation of Board in cases of PART VIII. DIVISION III. Representation of Board before Justices and in Local Court. Ibid., s. 244. Reimbursement of officer. Informalities of notices and informations may be corrected. The Vermin Act.-1914. 258. In all proceedings before Justices or a Local Court, the Secretary, treasurer, or any other officer of the Board, appointed by the Chairman in writing under his hand, may represent the Board in all respects, as though such officer had been the party concerned. 259. The Secretary, treasurer, or other officer, appointed as provided by section 257 or 258, shall be reimbursed out of the District Fund all damages, costs, charges, and expenses to which he may be put or with which he may become chargeable by reason of anything done under the authority of either of those sections. 260. It shall be sufficient in any information under this Act if such information gives the accused a reasonably clear and intelligent statement of the offence with which he is charged; and no con940, 1907, s. 4 (part). viction shall be held void or invalid or be quashed for any defect in substance or form therein; and the Court shall amend or permit the amendment of every information which in its opinion is defective. No writ of quo warranto allowed to Ibid., s. 246. 261. No writ of quo warranto, or information in the nature of a try title to any office. quo warranto, or any other process shall issue from, or be filed, or had, or taken in, the Supreme Court, to try or question the title of any Board, or the title of any person to act as a member or Chairman of a Board, or as an auditor for any District, or in any office or place in the gift of a Board. No mandamus to issue Proceedings for trying title of member of Board, &c., to his office to be decided by two or more Justices in a summary way. Ibid., s. 248. 262. No mandamus shall issue from the Supreme Court to admit or restore to office, or to compel a Board to proceed to the election of, any member or Chairman of the Board, or of any auditor for the District, or to the appointment of any officer of the Board or of any person to any office or place in the gift of the Board, or to compel the production or delivery of any books, voting-papers, or other documents or papers, to the production or possession whereof the Board or any person is entitled under this Act. 263. The proceedings (a) to try the title of a member or Chairman of a Board, or of an auditor, or of an officer or other person holding a place in the gift of a Board, to his office or place; (b) to try the right of any person to be admitted or restored to any such office or place, or to compel his admission or restoration thereto; (c) to compel the Board to proceed to any election or appoint ment; (d) to try the validity of any rate; or (e) to compel the production or delivery of any books, votingpapers, or other documents or papers to the production or possession whereof the Board or any person is entitled shall be had and taken before, and be determined by, two or more The Vermin Act.-1914. PART VIII. DIVISION III. 264. (1) An information for the purposes of section 263 may be Jurisdiction of laid at the instance of the Board, or by a ratepayer of the District, or by the Commissioner or any other person interested. (2) The Justices may make an order (a) declaring any person to be not entitled to the office or place then held by him, and that such office or place is vacant: (b) declaring that the informant is entitled to the said office or place: (c) commanding the Board to proceed to take the necessary steps for and to hold any election, or to make any appointment: (d) compelling any person or persons to proceed to any ballot that may be necessary: (e) quashing any rate which for any reason is invalid: (f) compelling the production or delivery of any books, votingpapers, or documents by or to the Board, or any officer thereof, to or by any person. (3) No order to admit or restore any person to any office or place shall be made whilst any other person is in possession of such office or place. 265. On non-compliance with any order made by any Justices, under the provisions of section 264, the following provisions shall apply: - (a) Any two or more Justices may, on information laid at the instance of the Board, or by any ratepayer or person interested, order any sum of money to be paid by or to the Board, or any officer thereof, to or by any person, as compensation for any injury sustained by reason of the noncompliance with such order: (b) Such Justices may order any such officer or person to be imprisoned, either for a specified time not exceeding six months, or until the aforesaid order is obeyed, and such imprisonment may be ordered in addition to or without any order for payment of money as aforesaid: (c) On non-compliance with any order commanding anything to be done by the Board, any two or more Justices may order the payment of any sum of money by, or the imprisonment of, any person who would before the passing of "The Vermin Act, 1905," have been liable to attachment, or subject to process of contempt, for disobedience to any peremptory writ of mandamus issued out of the Supreme Court commanding the Board to do the act directed by such order. 266. No Justices. On non-compliance with order, Justices may inflict punishment. Ibid., s. 250. PART VIII. DIVISION III. Time within which proceedings may be taken. Ibid., s. 251. Limitation of time rate. The Vermin Act.-1914. 266. No proceedings to try the title of any person to any office or place on, or in the gift of, a Board shall be had or taken except upon an information laid within two months from the time when the person whose title is disputed was appointed or elected, or the cause arose by reason whereof such person is liable to be ousted, whichever last happens. 267. No proceedings to try the validity of any rate under for trying valinity of Part III. shall be had or taken except upon an information laid within two months from the time when notice of the rate has appeared in the Gazette. Ibid., s. 252. Limitation of time for actions against members of a Board, &c. Ibid., s. 254. Board may remit fines except for failure to destroy vermin. Ibid., s. 256. Conviction not to bar Fines against provisions of Act may be 268. (1) All prosecutions for the infliction of pecuniary penalties upon, and all actions against, any member or Chairman of a Board or any officer or other person for anything done or omitted to be done in pursuance of Part III. shall be commenced within six months after the happening of the cause of prosecution or action, and not otherwise, except as hereinbefore to the contrary provided. (2) Notice in writing of any such action, and of the cause thereof, shall be given to the defendant one month at least before the com mencement of the action. (3) The defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at the trial. (4) The plaintiff shall not recover in such action if tender of sufficient amends is made before action brought, or if, after action brought, the defendant pays into court sufficient amends; but in such last-mentioned case the plaintiff shall recover his costs of suit up to the time of payment into Court. (5) If a verdict passes for the defendant, or the plaintiff becomes nonsuit, or discontinues, or the defendant otherwise recovers judgment, he shall recover full costs as between solicitor and client, and shall have his remedy for the same in the usual way. 269. A District Council, Vermin Board, or Associated Board may remit, in whole or in part, a pecuniary penalty imposed by or under this Act, or a penalty which such Council, Board, or Associated Board is authorised to receive by virtue of this Act, except a penalty imposed for an offence under section 23. 270. The imposition of a penalty for an offence under Part III. shall not affect any action or other remedy at the instance of the Board or any person for compensation for, or for the prevention of, injury that may result from such offence. 271. All fines and penalties for any offence against this Act, or recovered before two any by-law of a Board, may be recovered before any two or more Justices in a summary way, on an information at the instance. (except where otherwise expressly provided) of any person or persons Justices. Ibid., s 258. whomsoever. 272. Any |