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The Bread Act Further Amendment Act.–1908.

been so convicted, together with the costs paid or to be paid by
him upon such conviction, and those incurred by him in and
about his defence, upon satisfying the Court that-
(a) He was not the maker, or the master of the maker, of

such bread, and
(6) Having exercised such care as was reasonable in the

circumstances, he did not know that such bread was less than the standard weight at the time when the offence

was committed, and ) The defendant supplied such bread to him within twenty

four hours before the time when the offence was com

mitted: Provided, without prejudice to any other rights or remedies of the parties, that if the Court is satisfied that it was through no act or default of the defendant that such bread was under standard weight at the time when the offence was committed, nothing shall be recovered against the defendant under this section.

Vehicle in which bread carried to bear owner's name.

5. (1) Every person who himself or by his servant in any street, road, or public place carries for sale or delivery any bread in any vehicle shall have conspicuously inscribed on such vehicle his true name and place of residence, and in default shall be liable for the first such offence to a penalty not exceeding Two Pounds, and for every subsequent such offence to a penalty not exceeding Ten Pounds.

(2) When in a prosecution with respect to bread of less than the standard weight carried for sale or delivery it is proved that bread was carried in a vehicle having the name of the person charged inscribed thereon it shall, until the contrary is proved, be presumed (as the case may require) that such person was the owner of such bread, or the employer of the carrier of such bread.

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Inspector may step 6. It shall be lawful for any inspector of any Municipal Corporabread for sale or

Š tion or District Council to stop any person carrying bread for sale

on or VISUIT ! delivery and purchase or delivery for the purpose of purchasing any of such bread, and if bread.

such person

(a) Fails to stop when required by such inspector so to do, or
(6) After tender of the ordinary or market price thereof refuses

to sell and deliver to such inspector such of the bread so

carried for sale or delivery as he demands to purchase, or (c) In any manner impedes such inspector in the execution of

his duty, he shall for the first such offence forfeit and pay a sum not exceeding Two Pounds, and for every subsequent such offence forfeit and pay a sum not exceeding Ten Pounds.

The Bread Act Further Amendment Act.—1908.

7. In any prosecution under this Act, if it is proved that bread Evidence. of less than the standard weight was carried, it shall be prima facie evidence.

(a) That such bread was carried for sale or delivery, and
(6) That the person carrying such bread was the owner of such

bread, or that his master or employer was such owner,
as the case may require.

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1 on behalf of His Majesty, I hereby assent to

GEORGE R. Le HUNTE, Governor.

overnor

Adelaide : By authority, C. E. BRISTOW, Government Printer, North Terrace.

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No. 951.

An Act to amend “The Scaffolding Inspection Act, 1907."

[Assented to, November rith, 1908.] D E it Enacted by the Governor of the State of South Australia,

with the advice and cousent of the Parliament thereof, as follows:

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1. This Act may be cited alone as “ The Scaffolding Inspection Short title. Act Amendment Act, 1908"; and “The Scaffolding Inspection Act, 935 of 1907. 1907 ” (hereinafter called “ the principal Act”), and this Act may be cited together as “ The Scaffolding Inspection Acts, 1907 and 1908.”

2. This Act is incorporated and shall be read as one with the Incorporation. principal Act.

3. Section 3 of the principal Act is hereby amended by omitting Amendment of defini;

tion of "scaffolding." the words “ built up and fixed to a height exceeding sixteen feet

Cf. N.Z. Act 27, from the horizontal base on which it is built up and fixed, and ” in 1902:4:2 the definition of “ scaffolding."

4. Section 5 of the principal Act is hereby amended by inserting Amendment of sec. 5 after the word “scaffolding” wherever it occurs the words “or

of principal Act. gear.”

5. (1) In every case where there occurs in connection with any Accidents to be

reported. scaffolding or gear any accident causing loss of life or serious

Cf. N.Z. Act 27, 1907, bodily injury to any person, the owner of the scaffolding or gear 3.4.'

shall

951

The Scaffolding Inspection Act Amendment Act.—1908.

shall forthwith after the occurrence cause notice thereof to be given to the inspector, specifying the cause of the accident and the name and residence of every person killed or so injured ; and, notwithstanding any provision of section 5 of the principal Act, no repairs or alterations to such scaffolding or gear shall be made after such occurrence without the permission in writing of the inspector.

(2) For the purposes of this section 6 serious bodily injury” means an injury which is likely to incapacitate the sufferer from work for at least one week.

(3) Every owner who neglects to give such notice as aforesaid, or makes or permits to be made any such repair or alteration without such permission as aforesaid, shall be liable to a penalty not exceeding Ten Pounds.

Inspectors to inquire and report. Ibid.

6. As soon as practicable after receiving such notice as mentioned in the next preceding section the inspector shall proceed, or cause an assistant inspector to proceed, to the place where the accident occurred, and the inspector or such assistant inspector shall thereupon inquire into the cause of the accident, and may examine the owner of the scaffolding or gear and all persons employed in or about such place, and shall report the result of such inquiry to the Minister.

Inquiry into cause of accident.

W.A. Act 53, 1904, sec. 62.

7. (1) In the event of an accident to scaffolding or gear, or where by reason of such an accident any loss of life or serious bodily injury to any person has occurred, the Minister may direct an inquiry to be held before a Special Magistrate, together (if the Minister thinks fit) with a person skilled in the use and construction of scaffolding and gear, to be nominated by the Minister.

(2) The Special Magistrate, together with such person (if any), shall have power to hold such inquiry at such times and places as are necessary or convenient, and shall report on the cause of such accident to the Minister.

(3) With respect to the summoning and attendance of witnesses at or upon any such inquiry and the examination of such witnesses upon oath, every such Magistrate shall have all the powers which he would have or might exercise in any case under the Acts in force for the time being relating to summary jurisdiction of Justices.

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

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. Bristow, Government Printer, North Terrace.

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