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PART VIII. DIVISION III.
The Vermin Act.—1914.
Time within which
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.
Limitation of time 267. No proceedings to try the validity of any rate under for trying valisity 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 Ibid., s. 252.
appeared in the Gazette.
Limitation of time
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 como 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.
Board may remit
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.
Conviction not to bar
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.
Fines against provi- 271. All fines and penalties for any offence against this Act, or
be 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 Ibid., s. 258.
(except where otherwise expressly provided) of any person or persons whomsoever.
The Vermin Act.—1914.
Division II. 272. Any amount which any occupier is liable to pay to any Recovery of share of other occupier under the provisions of Part VI. may be recovered in occupier. any Court of competent jurisdiction.
Ibid., s. 259.
273. All the proceedings before Justices shall be regulated Proceedings before by the Ordinance No. 6 of 1850, “ The Justices Procedure Amend- Ibid., s. 260. ment Act, 1883-4,” and any other Act that may be law for the time being in that behalf.
274. (1) In every case of the imposition of a fine or pecuniary On non-payment of penalty or the award of amends under this Act, and of the non- may imprison. payment of such fine or pecuniary penalty or amends, any Justice Ibid., s. 261. may commit the person making default in payment to any gaol in the State, for any time not exceeding three months, the imprisonment to cease on payment of the sum due and the costs of any proceedings which have been taken for the recovery thereof.
(2) This section shall not affect any remedy under the said Ordinance No. 6 of 1850 or “ The Justices Procedure Amendment No. 298 of 1883-4. Act, 1883-4,” for the recovery of any fine or any pecuniary penalty or amends.
275. (1) There shall be an appeal from an order of Justices made Appeal to Local Court under the provisions of this Act, and from a conviction by Justices fumicerder made by for an offence against this Act, and from an order dismissing an Ibid., s. 262. information or complaint under this Act.
(2) Such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction.
(3) The proceedings in such appeal shall be conducted in manner provided by the said Ordinance No. 6 of 1850, and “The Justices No. 298 of 1883-4 Procedure Amendment Act, 1883-4,” for appeals to Local Courts.
(4) The Local Court of Adelaide aforesaid may make such order as to payment of the costs of such appeal as the Court thinks fit, and the amount of costs so ordered may exceed Ten Pounds.
276. (1) The Local Court upon the hearing of any such appeal Local Court may state may state one or more special case or cases for the opinion of the Supreme Court.
a case for opinion of Supreme Court.
Ibid., s. 263, except
(6). (2) The Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special
(3) The Supreme Court shall make such order as to the costs of any such special case as to the said Court appears just.
(4) Any Justice or Justices or the said Local Court shall make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the Supreme Court, or a Judge.
PART VIII. Division III.
The Vermin Act. 1914.
No appeal or removal of proceedings except as herein provided. Ibid., 8. 263 (6).
(5) Such order of the Justice or Justices or of the said Local Court shall be enforced in manner provided by this Act or otherwise for the enforcement of orders of Justices.
277. Save as provided in this Act, no order or proceeding of Justices, or of any Local Court made or taken under the authority of this Act, shall be appealed against or removed by certiorari or otherwise into the Supreme Court.
All fines and
278. All fines, penalties, and forfeitures recovered before Justices for offences against this Act committed within the District of a Vermin Board, District Council, or Associated Board, shall, except where otherwise provided, be paid to such Vermin Board, District Council, or Associated Board (as the case may be), save such portion of any such fine, penalty, or forfeiture as may by law be appropriated
any informer other than such Vermin Board, District Council, or Associated Board, or an officer thereof.
In the name and on behalf of His Majesty, I hereby assent to this Bill.
H. L. GALWAY, Governor.
3 0 Barbed Wire
92 Strainers not less than about five inches in thickness at snaller end, one hundred and fifty yards apart, two feet six inches in the ground, three feet six inches out of ground.
Posts of approved timber not less than three inches in thickness at smaller end, twenty feet apart, eighteen inches in the ground, three feet three inches out of the ground.
A wire netting of not less than eighteen gauge, of a minimum width of thirty- 940, 1907, s. 2. six inches and maximum mesh of one and a half inches, four inches of such netting to be fixed in the ground and thirty-two inches out of the ground.
Two plain wires—one foot four inches and two feet eight inches above the surface, one barbed wire three feet from the ground, hung with S hooks, four feet apart.
Optional as to the use of a plain wire on or below the surface.
Strainers not less than about six inches in thickness at smaller end, one hundred and fifty yards apart, two feet nine inches in the ground, fifty-four inches out of ground.
Posts not less than about five inches in thickness at smaller end, twenty feet apart, twenty-four inches in the ground, fifty-four inches out of the ground.
A wire netting, eighteen gauge, of a minimum width of forty-two inches and maximum mesh of one and a half inches, four inches of such netting to be fixed in the ground and thirty-eight inches out of the ground.
A barbed wire, with barbs not more than three inches apart, three and a half inches above netting hung with S hooks three feet apart.
A second top similar barbed wire hung with S hooks nine and a half inches above other barved wire.
The barbed wires to be fastened to the post with a wire staple put through a hole in the post and turned up on the other side.
Two number ten plain wires—one foot seven inches and three feet ten inches above the surface.
Optional as to the use of a barbed or plain wire on or below the surface.
THE FOURTH SCHEDULE.
“ The Vermin Act, 1914."
NOTICE TO DESTROY VERMIN.
Take notice that I, the undersigned, being an authorised person under the above
[Signature.] Every notice under this Act is deemed to have been duly served upon the owner or occupier if left at his usual or last known place of abode in the State.
On neglect or failure to comply with this notice, the destruction of the vermin upon the land and roads (if any) therein referred to will be effected by the [ District Council, Vermin Board, A seociated Board, or Commissioner of Crown Lands, as the case may be), at the expense of the owner or occupier.