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The South-Eastern Drainage Act Amendment Act.—1908.

PART IV.

(5) The Assessment Board may inform themselves in such manner as they deem fit for determining the proportion to be paid by the lessee, and shall not be bound to observe any rules of evidence or procedure.

(6) The Assessment Board shall determine the matter as they deem fair and equitable, and may order either party to pay the costs of the application, not exceeding Five Pounds.

(7) The determination of the Assessment Board shall be final, and not subject to any appeal or to be questioned in any way.

65. In addition and without prejudice to any other remedy, the Commissioner may recover any instalment due to him from any landholder, which remains unpaid for three months after the same has become due, by distress and sale of any goods and chattels on any land upon which the debt due from the landholder to the Com- . missioner is charged, or such instalment may be recovered in any Court of competent jurisdiction by action in the name of the Commissioner from the landholder of such land for the time being, and no statute of limitations shall affect any such action.

Recovery by distress
Ibid., s. 18.

PART V.

Act No. 629 of 1895 to remain in force.

PART v.
GENERAL PROVISIONS AND LEGAL PROCEDURE.

66. Nothing in this Act shall be held to limit the operation of section 2 of “The South-Eastern Drainage Act Amendment Act, 1895,” and that Act shall, except so far as inconsistent with or repugnant to this Act, remain in full force and effect.

In proceedings fee- 67. Except in any proceedings taken or defended on behalf of simple deemed to be vested in Drainage

the Crown against the Drainage Board or a District Council, and Board or District notwithstanding the provisions of sections 13 and 14 of the principal Councils.

Act, the Drainage Board or a District Council respectively shall in 04:, Act 104, 1878, s. all proceedings in all Courts of Justice, and before all tribunals and

persons, and for all purposes whatever, be deemed to have vested in it the fee-simple of the main and district drains and drainage works under its care, control, and management; and in any legal or other proceedings, except as aforesaid, taken or defended by such Board or Council in respect thereof no proof whatever shall be required of such fact, and the mere allegation by such Board or Council of the vesting of the same shall be taken for all purposes to be full and sufficient proof thereof.

Penalty for
obstruction or
nuisajice.
Cf. ibid., 8. 36.

68. Any person causing or permitting any obstruction in, or otherwise injuriously affecting, any main or district drain or drainage work, or any drain or wall, heretofore or hereafter constructed or conimenced by the Commissioner, any Drainage Board, any District Council or Councils, or the Drainage Board, or causing any filthy or unwholesome water, or washings of manufactories or mines, or other foul or poisonous liquid, to flow into any such diain or drainage work, without the consent of the Commissioner or the

authority The South-Eastern Drainage Act Amendment Act.—1908.

PART Y.

authority having the care, control, and management of such drain or drainage work first obtained, shall, for every such offence, incur a penalty not exceeding Five Pounds, and a further penalty of Two Pounds for every day during which the offence is continued.

69. All proceedings in respect of offences against this Act or Proceedings for any Act incorporated herewith shall be by information, and shall offences. be heard and determined in a summary way before any Special Magistrate or any two or more Justices, under the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-1, or any Act for the time being in force relating to the duties of Justices as to summary proceedings.

70. There shall be an appeal from any decision or order of a Appeal. Special Magistrate or Justices in any proceedings in respect of offences against this Act to the Local Court of Adelaide of Full Jurisdiction, or to the nearest Local Court of Full Jurisdiction. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals to Local Courts. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

71. (1) The Local Court may state a special case for the opinion Special case. of the Supreme Court.

(2) The Supreme Court shall deal with 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 of the proceedings in that Court and the Courts below, as to the said Supreme Couri appears just.

72. The forms in the Schedules hereto shall as far as practicable Forms and notices. be adhered to, but may be altered or varied as the case may require. No notice shall be deemed bad or insufficient if in substance it com. plies with the requirements of this Act.

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

GEORGE R. LE HUNTE, Governor.

THE

The South-Eastern Drainage Act Amendment Act.—1908.

THE SCHEDULES.

Sec. 5.

THE FIRST SCHEDULE. Portion of the County of Cardwell included in the South-East." That portion of the county of Cardwell enclosed by a line commencing at the intersection of the western side of a road 174 chains 18 links east of the north-west corner of block 11, hundred of Landseer, with the south boundary of county Cardwell; running thence north for seven miles; thence west to the sea coast; thence in a south-easterly direction along the sea coast to the south boundary of county Cardwell; and thence east along the said south boundary of county Cardwell to the point of commencement.

Sec. 50.

THE SECOND SCHEDULE.
“ The South-Eastern Drainage Amendment Act, 1908.”

Form of Petition to Construct Drain.
To the Commissioner of Public Works, Adelaide.

We, the undersigned, being a majority of landholders and representing threefourths in value of the land to be improved by the construction of the drain hereinafter mentioned, hereby request you to construct the drain following, namely [describe drain]

The following are the lands which will be benefited by such drain [here set out sections or blocks and hundreds].

And we each undertake to pay our proportion of the cost of the construction of such drain at the times and in the manner provided by “ The South-Eastern Drainage Act Amendment Act, 1908."

The full names, addresses, and occupations of each of us, and particulars of the lands to be benefited by the drain of which we are landholders, are set out below:

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Declaration by Witness. I solemnly and sincerely declare that the signatures to the above petition, opposite to which my name is signed, are the genuine signatures of the persons whose signatures they purport to be.

[Signature of Witness.] Declared before me at

this
day of

19 Justice of the Peace.

THE

The South-Eastern Drainage Act Amendment Act.—1908.

Scc. 52.

THE THIRD SCHEDULE.
“ The South-Eastern Drainage Act Amendment Act, 1908.”

Declaration of Approval of Proposed Drain.
A petition having been presented for the construction of the drain hereinafter
mentioned, I,

Commissioner of Public Works for the State of
South Australia, do hereby declare that-

(a) I approve of the construction of [describe drain]:
(6) The lands which will be benefited by the construction of the said drain are

[here set out the lands]:
(c) The estimate of the cost of constructing the said drain is £
Dated this

day of

19
Commissioner of Public Works.

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Sec. 67.

THE FOURTH SCHEDULE.
“ The South-Eastern Drainage Act Amendment Act, 1908."

Notice of Apportionment.
The South-Eastern Drainage Assessment Board has made a preliminary apportion-
ment of the cost of construction of [describe drain] amongst the landholders of the
lands benefited by such drain

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Sec. 58.

THE FIFTH SCHEDULE.
" The South-Eastern Drainage Act Amendment Act, 1908."

Notice of Objection.
To the Commissioner of Public Works.

Take notice that I object to the amount of the cost of [here describe the drain by
a name it is known by, or otherwise shortly and sufficient to identify it) apportioned to
me by the preliminary apportionment of the South-Eastern Drainage Assessment
Board, on the ground that such amount is too much.
Dated the
day of

[Signature of objector.]
(Address and occupation.]

, 19

THE

The South-Eastern Drainage Act Amendment Act.—1908.

Sec. 62.

THE SIXTH SCHEDULE.
“ The South-Eastern Drainage Act Amendment Act, 1908."
Notre of final apportionment of the cost of constructing the [describe drain].

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Sec. 63.

THE SEVENTH SCHEDULE.
Scale showing Amount of Instalments to repay £100 with interest at 4 per cent. in

Forty-two Annual instalments, commencing Five Years after the Date of the
Advance. The Interest for the first Five Years to be Capitalised.

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