Page images

The Irrigation and Reclaimed Lands Act.—1908.

VII. Commence forth with to destroy and during the lease keep the land free

from all vermin and noxious weeds to the satisfaction of the Com

missioner: Vill. Insure and keep insured in the full insurable value thereof all buildings

the property of the Crown or of the Board upon the land in the joint names of the Commissioner and the lessee in some insurance office to be approved by the Commissioner and forthwith lodge the policy of every such insurance in the office of the Commissioner and forward to the Commissioner the receipts for the premiums payable in respect of such policy within seven days after the same shall become due. The Commissioner may insure on default by the lessee and recover all amounts paid for such insurance in like manner as the

rent is recoverable : ix. Permit the Crown the Commissioner the Land Board the Board and

the owner of any mining claim situated on the land or the holder of any mining lease of the whole or any portion of the land under any law for the time being relating to mining by itself himself or themselves or its his or their officers or agents full and free liberty

of access ingress egress and regress into upon and from the land: And the lessee must not

J. Transfer encumber or mortgage without the written consent of the

Commissioner first had in each case : 11. Erect brush fence or suffer or permit the same to be erected or to remain

on the land.

Conditions. 4. The lease shall be liable to forfeiture in the following cases and no others :

1. If default be made in payment of any rent in arrear for six months after

written notice requiring its payment or if 11. Default be made in the performance of any covenant for three months

after notice of its non-performance requiring its performance or if 111. The land shall be transferred sublet or mortgaged without the written

consent of the Commissioner first had in such cases or if iv. The lessee shall refuse to permit the Commissioner or the Board by him

self or themselves or by his or their officers to enter upon the land hereby leased to construct alter divert cleanse repair or inspect any water channel drain embankment or other reclamation irrigation or sanitary work or to conserve water for public use or otherwise to

exercise any power conferred upon him or them by the said Act. 5. The land may be resumed by the Crown for mining or for any public work or purpose full compensation being made to the lessee for loss except where the land shall be resumed for the construction alteration or diversion of water channels drains embankments or other reclamation irrigation or sanitary works or for the conservation of water for the public use in which cases no compensation whatever shall be made to the lessee.

In witness whereof the hands and seals of the Commissioner and the lessee are hereunto set the

day of

190 .

Signed sealed and delivered by the ) Commissioner of Crown Lands in the presence of

Commissioner of Crown Lands.

Signed sealed and delivered by the ) above-named lessee in the presence of )

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

[graphic][merged small]


A.D. 1908.


No. 954.
An Act to facilitate the Control and Care of Inebriates.

[Assented to, November 11th, 1908.] DE it Enacted by the Governor of the State of South Australia,

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

1. This Act may be cited as “The Inebriates Act, 1908.”

Short title.

2. “ The Inebriates Act of 1881,” is hereby repealed: Provided Repoal. that such repeal shall not affect any act, matter, or thing done 238 of 1881. under the said Act before the passing of this Act.

3. In this Act,


Vict., No. 1940, 1904, “Inebriate” means a person who habitually uses alcoholic liquors 6. 3."

or intoxicating or narcotic drugs to excess: “ Institution” means a place, not being a gaol, established or

licensed under this Act by the Governor for the reception,

control, and treatment of inebriates: “ Judge” means a Judge of the Supreme Court of the said

State: “ Justice” means a Justice of the Peace for the said State: “ Subject of an order” or “ subject of the order ” means the

person concerning whom an order under section 4 or

section 8 of this Act has been made: “ This Act" includes regulations made under this Act.

leans &



4. It

The Inebriates Act.1908.

Power of Judge or d

4. It shall be lawful for a Judge or a Special Magistrate, on proof

It shall be la Magistrate to make an order as to control to his satisfaction that a person is an inebriat?, to order-of inebriate. Ibid, s. 4.

(a) That such inebriate be placed for any period not exceeding

two calendar months under the care and control of some person or persons to be named in the order, either in the house of the inebriate, in the house of a friend of the ine

briate, in a public or private hospital, or in an institution; or (6) That such inebriate be placed and detained in an institution

for such period, not exceeding two years, as is mentioned in

the order ; or (c) That such inebriate be placed for any period not exceeding

two years (to be mentioned in the oriler) under the care and charge of an attendant or attendants to be named in the order, which attendant or attendants shall be under the control of such Judge or Magistrate as aforesaid.

Ypon whose applica.
tion order may be
Ibid, 8. 4.

5. Such order may be made on the application of
1. The inebriate himself, or any person authorised in writing in

that behalf by the inebriate while sober and fully under-
standing the nature and effect of such authorisation (of
which fact the Judge or Special Magistrate must be satis-

fied); 11. The husband or wife, or a parent, or a brother, sister, son, or

daughter (which brother, sister, son, or daughter is not less than twenty-one years of age), or a partner in business

of the inebriate; or III. A member of the Police Force of or above the rank of sub

inspector, acting on the request in writing of a legally qualified medical practitioner in professional attendance on the inebriate, or on the request in writing of a relative by blood or marriage of the inebriate, or at the instance of a Justice.

Conditions precedent. 6. (1) No such order shall be made except-
Ibid, 8. 4.

1. On the production to such Judge or Magistrate of a certificate

by a legally qualified medical practitioner (not being the applicant) that the person in respect of whom the application is made is an inebriate, together with corroborative

evidence by some other person or persons; and II. On personal inspection of the inebriate (where the application

is to a Special Magistrate) by such Magistrate, or (where the application is to a Judge) by the Judge or by some person appointed by him in that behalf, whose report shall

be produced to the Judge. (2) Every medical practitioner who signs any certificate under or for the purposes of this Act shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate


The Inebriates Act.—1908.

relates is an inebriate, and shall distinguish in such certificate facts observed by himself from facts communicated to him by others; and no such order shall be made upon any certificate which purports to be founded only upon facts communicated by others.

7. The inebriate shall be afforded an opportunity of being heard Person charged to be

heard. by the Judge or Magistrate on the hearing of an application for an thinae order under section 4 hereof.

8. (1) When any person has been convicted three times within Order in case of

frequent convictions the preceding twelve months of an offence or offences of which

of drunkenness, &c. drunkenness is a necessary part or condition, it shall be lawful for any Vict. No. 1940. 190 Judge or Special Magistrate, on the application of any of the persons s. 6, adapted. upon whose application an order may be made under section 4 hereof, to order that such person be placed for such period of not more than twelve months, as is mentioned in the order, in an institution.

(2) On the order of any Judge or Special Magistrate such period may from time to time be extended for further periods, none of which shall exceed twelve months.

(3) If such person is physically unfit to travel to the institution named in such order, the Judge or Magistrate making the order may direct that he be placed for immediate medical treatment for such time as the Judge or Magistrate thinks fit, not exceeding twentyeight days, in a gaol or hospital or private house, there to be under the supervision of the police, and may renew such order from time to time.


9. The Judge or Special Magistrate who makes any order under Order for expenses of section 4 or 8 of this Act may, in such order or any subsequent car order, direct that the expenses of the care, charge, and maintenance Ibid, c. 7, adapted. of the subject of the order be paid by him or out of any of his property, and fix the amounts to be so paid. The expenses so directed to be paid may be recovered in any Court of competent jurisdiction(a) In case the subject of the order is placed in an institution Cf. 61 and 62, Vict.,

established by the Governor, at the suit of the Attorney. c. 60,
General or any person authorised by him in that behalf:

[ocr errors]

(6) In case he is placed in an institution licensed by the Governor,

at the suit of the managers thereof or any one or more
of such managers, or of the secretary thereof.

10. (1) Where it is proved to the satisfaction of the Supreme Supreme Court may Court or a Judge that the subject of an order is incapable of managing his affairs, such Court or Judge may make all proper inebriate's esta!e. orders for rendering the property and income of such subject available Vict. No. 1940, 1904, for the payment of his debts and for the maintenance and benefit s. 8. of himself and his family, and may make orders for the care and management of his property in all respects as if he were lunatic

ler as to


« EelmineJätka »