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Advance to be first charge on land of settler.

1895, s. 8.

The Drought Relief Act.-1914.

10. Notwithstanding any provision of "The Real Property Act. 1886," or any other Act or law to the contrary, the amount of an Cf. Seed Wheat Act, advance and interest thereon as provided by section 9 shall be, and until fully paid shall remain, a first charge upon all lands owned by the applicant, and his interest in all lands held by him under lease, at the time when such advance was made, or the commodity in respect of which such advance is deemed to have been made was supplied, under this Act.

Demand for repay

ment.

Provisions of the Act

to apply where com

modities have

11. (1) The Minister, before and in making any demand for repayment by any person of his advance under this Act, shall take into consideration the profits made by such person on or from the lands charged with such advance during any season or seasons prior to the making of such demand.

(2) Any such demand may be for the whole of the advance, or for any part thereof.

(3) In any case where part only of the advance has been demanded and has been repaid, interest as provided by this Act shall be payable only on the balance for the time being remaining unpaid.

12. In any case in which, before the passing of this Act, any commodity has been supplied by the Commissioner of Crown Lands already been supplied. Of the State to any person who has signed an acknowledgment and contract in the form No. 1 contained in the Schedule to this Act, or in a similar form

False statement punishable.

Punishment for selling commodities

supplied.

(a) such commodity shall be deemed to have been supplied under this Act;

(b) the cost thereof, as notified by the said Commissioner, shall be an advance within the meaning and for the purposes of this Act; and

(c) all the provisions of this Act shall, mutatis mutandis, apply as if the commodity had been supplied under this Act.

13. Any person who wilfully makes any false statement in any application, or in any acknowledgment and contract, return, statement, or declaration under or for the purposes of this Act, shall be guilty of a misdemeanour, and shall be liable to be imprisoned, with or without hard labor, for a term not exceeding four years.

14. Any person to whom any commodity has been supplied under this Act, who without the written consent of the Minister barters or Cf. Seed Wheat Act, sells, or attempts to barter or sell, such commodity or any quantity thereof, shall be guilty of a misdemeanour, and shall be liable to be imprisoned, with or without hard labor, for a term not exceeding two years.

1897, s 4.

Punishment for

misuse of commo

dities supplied.

Cf. Seed Wheat Act, 1897, s. 4.

15. Any person to whom any commodity has been supplied under this Act, who

(a) uses or attempts to use such commodity or any quantity thereof, for a purpose other than that for which it was supplied; or

(b) fails

The Drought Relief Act.-1914.

(b) fails to return to the Minister such commodity, or any quantity thereof, if he does not intend to use the same for the purpose for which it was supplied; or

(c) fails upon request of the Minister to furnish him with a statement of such particulars, or to make such returns, as

are prescribed,

shall be guilty of an offence, and shall be liable to a penalty not exceeding Fifty Pounds, or to be imprisoned for a term not exceeding six months.

16. Any notice to be given to, or any demand to be made on, any person under this Act, shall be sufficiently given or made if(a) given or made personally to or on such person, or (b) sent by post and directed to his address as stated in any application by him, or to his place of residence so far as the same is known to the Minister.

How notices and

demands may be given or made.

17. (1) The Governor may make all such regulations as may be Regulations. necessary or convenient for giving effect to this Act, or for carrying out its objects and purposes.

(2) Any regulation so made may impose a penalty not exceeding Twenty Pounds for any breach of the same or any other regulation. (3) All regulations so made

(a) shall be published in the Government Gazette:

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

(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 such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation 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.

This subsection shall apply notwithstanding that the said fourteen days, or some of them, do not occur in the same Session or Parliament as that in which the regulation is laid before it.

(5) Notice of any such resolution shall be published in the Government Gazette.

offences.

18. (1) All proceedings in respect of offences against this Act, Procedure for not being indictable offences, shall be by information heard and determined in a summary way by a Special Magistrate or any two Justices of the Peace, and shall be regulated by the Ordinance No. 6 of 1850, and any amendments thereof, or any other Act or Acts regulating summary proceedings before Justices of the Peace.

(2) All

Appeals.

Special case.

How expenses to be provided.

The Drought Relief 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 Acts as aforesaid.

19. (1) There shall be an appeal from

(a) any conviction on an information under this Act heard in a summary way;

(b) any order dismissing any such information so heard; or

(c) any other order made on any such information so heard. (2) Such appeal shall be to the Local Court of Adelaide in its 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 regulating appeals to Local Courts: Provided that the Court on such appeal may make such order as to costs as it thinks fit, and the amount of costs so ordered may exceed Ten Pounds.

20. (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 therein, including any order as to costs, as to the said Court appears just.

(3) The Supreme Court may send the 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 of the matters referred to the Supreme Court in conformity with the certificate of the Supreme Court, or of a Judge thereof.

(5) Such order of the Magistrate or Justices, or Local Court, may be enforced in manner provided by section 18 of this Act, or otherwise by law.

21. (1) The Treasurer of the State may, from time to time, make advances to the Minister for carrying out the purposes of this Act. (2) So far as practicable, such advances shall be repaid, and the other expenses of administering this Act shall be defrayed, out of the moneys paid to the Minister in repayment of advances; and any deficiency which may arise shall be made good out of moneys provided by Parliament for that purpose.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

H. L. GALWAY, Governor.

THE

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has, ou my application,) received from the Honorable the Minister administering "The Drought Relief Act, 1914," the commodities hereunder mentioned, and I hereby agree with the said Minister

(1) to pay him the sum to be fixed by him for the said commodities, with interest on the said sum at the rate of four and a half per centum per annum, calculated from the 1st day of February, 1916, until payment of the said

sum;

(2) to pay the said sum and interest, on demand, or upon conveyance or transfer of my interest in the lands hereunder mentioned (or any of them), whichever first happens; and

*(3) to use the said goods on the lands hereunder mentioned, or on some of such lands.

Description of Goods.

Quantity of Goods.

† Lands owned or held by Applicant.

* This passage may be omitted where inapplicable.

+ Here state numbers and situations of sections or other sufficient description of all lands owned or

Dated this

held by the Applicant.
day of

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Witness

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FORM

Section 8.

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has, on my application,) received from the Honorable the Minister administering The Drought Relief Act, 1914," the sum of and I hereby agree with the said Minister

(1) to repay him the said sum, with interest thereon at the rate of four and a half per centum per annum, calculated from the 1st day of February, 1916, until payment of the said sum;

(2) to repay the said sum and interest, on demand, or upon conveyance or transfer of my interest in the lands hereunder mentioned (or any of them), whichever first happens.

Lands owned or held by the Applicant.

[Here state numbers and situations of sections or other sufficient description of all lands owned or

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