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The Irrigation and Reclaimed Lands Act.-1908.

VII. Commence forthwith to destroy and during the lease keep the land free from all vermin and noxious weeds to the satisfaction of the Commissioner:

VIII. 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

1. 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
III. 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

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

Commissioner of Crown Lands.

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

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An Act to facilitate the Control and Care of Inebriates. [Assented to, November 11th, 1908.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

BE

follows:

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

Short title.

2. "The Inebriates Act of 1881," is hereby repealed: Provided Repeal. 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

Definitions.

Vict., No. 1940, 1904,

"Inebriate" means a person who habitually uses alcoholic liquors s. 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:

66

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.

954

4. It

Power of Judge or

Magistrate to make

The Inebriates Act.-1908.

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

an order as to control to his satisfaction that a person is an inebriate, to order-

of inebriate.

Ibid, s. 4.

Upon whose application order may be

made.

Ibid, s. 4.

Conditions precedent.
Ibid, 8. 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 inebriate, in a public or private hospital, or in an institution; or (b) 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 order) 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.

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 understanding the nature and effect of such authorisation (of which fact the Judge or Special Magistrate must be satisfied);

II. 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 subinspector, 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.

6. (1) No such order shall be made except―

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

11. 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 relates

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.

heard.

7. The inebriate shall be afforded an opportunity of being heard Person charged to be by the Judge or Magistrate on the hearing of an application for an order under section 4 hereof.

Ibid, s. 4.

Order in case of frequent convictions Vict., No. 1940, 1904,

of drunkenness, &c.

8. (1) When any person has been convicted three times within the preceding twelve months of an offence or offences of which drunkenness is a necessary part or condition, it shall be lawful for any 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.

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.

care and maintenance.

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 order, direct that the expenses of the care, charge, and maintenance Ibid, s. 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—

c. 60, s. 12.

(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 AttorneyGeneral or any person authorised by him in that behalf:

(b) 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.

management of

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 make order as to managing his affairs, such Court or Judge may make all proper inebriate's estate. 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

within

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