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PART VI.

By-laws to be passed by three-fifths of members in office. Ibid, s. 60.

The Irrigation and Reclaimed Lands Act.-1908.

IV. To regulate the appointment, duties, and control of all or
any officers or servants of the Board, and the times and
modes of payment of their salaries, fees, and wages:

v. To fix or regulate the securities to be taken from, or on be-
half of, or to secure the fidelity of any officer or servant :
VI. To regulate the making of assessments and the making or
declaring of rates:

VII. For the appropriation and expenditure of the revenue of the
Board:

VIII. For the punishment of persons falsely representing them-
selves to be officers of or appointed by the Board:

IX. For the more effectual exercise of the powers and discharge of the dutics and liabilities hereby conferred and imposed on the Board:

x. To require owners and occupiers to fence supplies of water: XI. To regulate the irrigation water supply and the flow of irrigation and drainage waters into, in, or through any channel, flume, or pipe, and the disposal of such waters:

XII. To fix fees and charges:

XII. To fix pecuniary penalties for offences against or breaches of such by-laws, or any of them, and to fix additional penalties for a repetition or continuance of any offence or breach: Provided that no penalty for any single offence or breach shall exceed Twenty Pounds, nor for any continuance Two Pounds for each day of such continuance: XIV. For any other purpose arising under and consistent with this Act not herein expressly provided for, and for otherwise fully and effectually carrying out and giving effect to the various objects, purposes, powers, and authorities of this Act, and guarding against evasions and violations thereof.

91. (1) At least three-fifths of the members then in office shall be present at the meeting of the Board to pass any by-law..

(2) No by-law shall be of any force until signed by the chairman and secretary, and confirmed by the Governor, and published in the Gazette.

(3) After the expiration of one month from such publication, a by-law shall have the force of law, and shall, until altered or repealed, have effect within the irrigation area as if such by-law were part of this Act: Provided that in case of any conflict between any by-law made by any Board and any regulation made by the Governor the regulation shall be held to prevail.

PART

The Irrigation and Reclaimed Lands Act.—1908.

PART VII.
MISCELLANEOUS.

92. All water required by the Commissioner for the purposes of this Act may be taken from the River Murray, or any other river, or from any creek, stream, lagoon, or other water within any irrigation area; and all water required by any Board for such purposes may be taken from the River Murray, or any other river, or from any creek, stream, lagoon, or other water within the irrigation area of such Board.

PART VII.

Water may be taken

from River Murray

or other water.

New.

93. Every Board shall cause all watercourses, channels, or drains Board to clean within its irrigation area to be kept so as not to be a nuisance or watercourses, &c. injurious to health, and to be properly cleared, cleansed, and Act 910, 1906, s. 61. maintained in proper order; and any Board making default in any

of such matters shall be liable to the occupiers of land for any damage thereto in consequence of or through the disrepair of any such watercourse, channel, or drain.

94. (1) Nothing in this Act shall render any Board, or the No liability Commissioner, or the Government of the said State liable for damages in certain cares. consequent upon insufficiency of water, or for injury to any land or Ibid, s. 62. other property which happens through or by such insufficiency, or through or by flood waters or the overflowing of any river.

(2) Nothing in this Act shall render any Board liable for injury No liability except happening through or by the breaking of any dam, bank, water- for neglect to repair. course, channel, drain, or sluice, unless such injury arises through Ibid. neglect to keep such dam, bank, watercourse, channel, drain, or sluice in repair, and unless the occupier of the land or property injured had given written notice to the Board warning them of the probability of such injury, and the Board has neglected within a reasonable time thereafter to make any reasonable repair of such dam, bank, watercourse, channel, drain, or sluice; and in such case the remedy shall be only against the Board and the funds thereof, and not against the individual members.

of area.

Ibid, s. 63.

L

95. (1) Whenever any irrigation area is subdivided into other Abolition or alteration irrigation areas, enlarged, or curtailed, as mentioned in section 10 hereof, or is abolished, the Governor may appoint some person to hold an inquiry and make an award apportioning the real and personal property, and the debts, liabilities, and engagements of the Board of such irrigation area as may be deemed advisable by such person. (2) Any such award may provide for all or any of the matters Award on. included in the subject for inquiry, and may declare in whom any Ibid, s. 64. property shall be vested, and by whom any moneys shall be paid, or other acts or things done, including the payment of any costs of the inquiry, and may give such directions as may be necessary to give effect to the inquiry.

96. Every such award shall be final, and shall, from the date To be final. thereof, have the operation of and be enforceable as if it were a Ibid, s. 65. judgment of the Supreme Court.

97. Nothing

PART VII.
Creditors' rights
preserved.
Ibid, s. 66.

PART VIII.

Gazette to be evidence.

Proclamation valid
for all purposes.
Act 910, 1906, s. 69.

Documents of Board, how verified.

Ibid, s. 70.

Service of notices.
Ibid, s. 71.

Seal of Board to prove itself.

Ibid, s. 72.

Offences.

Ibid, s. 73.

Penalty where none specified.

New.

Who may lay infor

of same.

Act 910, 1906, s. 74.

The Irrigation and Reclaimed Lands Act.-1908.

97. Nothing in the three immediately preceding sections shall in any way affect the rights or interests of any creditor of any Board, or shall relieve the ratepayers for the time being in any irrigation area from their liability to pay any special rate made under the provisions of this Act for a security for any advance.

PART VIII.

LEGAL PROCEDURE, ETC.

98. The production of the Gazette in which is published any Proclamation, regulation, by-law, notice, appointment, or other notification, made or given, or purporting to be made or given, pursuant to this Act, shall be conclusive evidence in all Courts and before all tribunals that such Proclamation, regulation, by-law, notice, appointment, or notification was duly made or given and is of full force and effect, and of the contents thereof, and of the matters stated, recited, or assumed therein.

99. No Proclamation shall be invalid by reason of anything required as preliminary thereto not having been done, or not having been duly done.

100. Every notice, document, or other writing requiring to be authenticated by any Board may be sufficiently authenticated without the common seal of the Board, if signed by the chairman, by two members of the Board, or by the secretary.

101. Service of any document may be effected by giving the same personally to the chairman or secretary, or leaving it at the office of the Board with any person employed therein.

102. The corporate name of every Board shall be part of the seal of such Board, and judicial notice shall be taken of such seal by every Court and tribunal, and such seal shall be kept at the office of the Board.

103. The failure of any person to do any act, matter, or thing, when required so to do by any Board under the powers vested in them by this Act, shall be an offence against the provisions of this Act.

104. Any offence against this Act for which no punishment is specified shall be punishable by a penalty of not exceeding Twenty Pounds.

105. (1) All proceedings may be had and taken, and all commations, and hearing plaints and informations may be laid, for any offence against this Act, at the instance of any person; and all complaints and informations shall be heard and determined, and all moneys, costs, and expenses shall be recovered, in a summary way before a Special Magistrate

The Irrigation and Reclaimed Lands Act.—1908.

Magistrate or any two Justices; and all such proceedings shall be in manner provided by the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4, or any Act for the time being in force as to procedure before Justices.

(2) The Special Magistrate or Justices may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.

PART VIII.

106. All penalties shall, except where otherwise provided, when Penalties. recovered, be paid to the Treasurer.

Ibid, s. 75.

Court.

107. There shall be an appeal from any decision of any Special Appeal to Local Magistrate or Justices to the Local Court of Adelaide of Full Jurisdiction.

108. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any other Act for the time being regulating appeals to such Local Court; and such Local Court may make such order as to costs as it thinks fit.

109. Such Local Court may statea special case for the opinion of the Supreme Court.

110. The Supreme Court shall deal with such special case accord ing to the practice of the Supreme Court on special cases, and may make any order as to the costs of the proceedings in that Court and in the Courts below.

111. All actions for anything done under this Act shall be commenced within six months after the cause of action arises, and not afterwards. Notice in writing of such action, and the cause thereof, shall be given to the defendant one month at least before the commencement of the action. In every such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. No plaintiff shall recover in any such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court by or on behalf of the defendant after action brought, together with the costs incurred up to that time.

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

GEORGE R. LE HUNTE, Governor.

Ibid, s. 76.

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SCHEDULE.

The Irrigation and Reclaimed Lands Act.-1908.

Section 23.

SCHEDULE.

SOUTH

Crown Lease (Perpetual No.

[Royal Arms] AUSTRALIA.

) under "The Irrigation and Reclaimed Lands Act 1908."

I the Honorable Commissioner of Crown Lands of the State of South Australia (hereinafter called "the Commissioner") in exercise of the powers conferred upon me by the above-mentioned Act (hereinafter called "the said Act") dc hereby lease to [name of lessee] of [address and occupation] his executors administrators and assigns (all of whom are hereinafter included in the term "lessee") all that land containing acres or thereabouts and being Block No. Irrigation Area in the County of

in The

as

the same is delineated in the plan of the said irrigation area deposited in the office
of the Surveyor-General in the City of Adelaide to be held in perpetuity at the
following rental namely:--For the first year the sum of
for the second year the sum of

sum of

the sum of

for the third year the and for the fourth and every succeeding year (subject to alteration on revaluation such sums to be paid in advance on the in each year and the first of such sums to be paid on one thousand nine hundred and

as provided by the said Act)

the

day of
day of

and

at a further rent of five pounds per centum per annum on any rent in arrear subject to the reservations covenants and conditions shortly stated below and some of which are more fully set out in "The Crown Lands Act 1903."

Reservations.

1. There are reserved to the Crown all gold silver copper tin and other metals ores minerals and other substances containing metals and all gems and precious stones coal and mineral oil with incidental powers of search and mining.

2. There is reserved to the Commissioner and to the Board constituted or to be constituted for the said irrigation area (hereinafter called "the Board") the right at all times by himself or themselves or by his or their officers or agents to enter into and upon the land hereby leased and therein to construct alter divert cleanse repair and inspect water channels drains embankments and all other reclamation irrigation and sanitary works and to conserve water for the public use where required and to exercise all powers conferred upon him or them respectively by the said Act without any payment to the lessee by way of compensation.

3. The lessee must

Covenants.

1. Pay the rent at the times and in manner aforesaid.

11. Pay all rates and charges imposed upon or payable in respect of the
land and in particular all rates and charges imposed or charged by
the Commissioner or the Board in exercise of the powers conferred
by the said Act or by any Act amending or extending the same:
111. Pay for all water supplied to him by the Commissioner or the Board at
the rates or charges levied or prescribed by the Commissioner or the
Board:

IV. Enclose the land with cattle-proof fence before the end of the fifth year
of the lease:

v. During the first two years of the lease plant or bring under cultivation to the satisfaction of the Commissioner at least two-fifths of the reclaimed and of the irrigable land included in this lease and an additional one-fifth of such lands in each of the following three years until the whole of such lands are under such cultivation or planting: VI. Keep in good repair all Crown improvements (if any) on the land and all improvements made by the Commissioner or the Board and all buildings orchards vineyards gardens fences and other improvements thereon and keep all fruit and other trees and plants thereon free as far as possible from insects pests and diseases:

VII. Commence

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