Pyap Irrigation Trust Act.-1923. PART IV. GENERAL PURPOSES AND FUNCTIONS OF THE TRUST. PART IV. 24 25. (1) The Trust, by its corporate name, may enter into con- Contracts for work s tracts with any person for the execution of any works directed by 1546, 1922, 8. this Act or any other Act to be executed by the Trust, or which the Trust may think proper to do or to direct to be done under or by virtue of the powers conferred upon the Trust by this Act or any other Act, or for the supply of any matters or things whatsoever necessary for enabling the Trust to carry the purposes of this Act into full and complete execution, in such manner and upon such terms, and for such sum or sums of money, and under such stipulations, conditions, and restrictions as the Trust thinks proper. (2) Every such contract may, if the Trust so thinks fit, specify the person to whose satisfaction the same is to be completed, and the mode of determining any dispute which may arise concerning or in consequence of such contract. 26. (1) The powers hereby granted to the Trust to make con- Mode of entering tracts may be exercised as follows: 1. Any contract which, if made between private persons, III. Any contract which, if made between private persons, (2) All contracts so made and duly executed by the parties thereto respectively shall be effectual in law and binding on the Trust and all other parties thereto, their successors, assigns, executors or administrators (as the case may be). (3) In case of default in the execution of any such contract either by the Trust or by any other party thereto, such actions may be instituted, either by or against the Trust in its corporate name or by or against the other parties failing in the execution thereof, and such damages and costs recovered, as might be instituted and re covered had the like contract been made between private persons. into contracts. Cf. ibid., s. 25. PART IV. Power of Trust to compound for breaches of contracts. Cf. ibid., s. 26. Transfer of certain property belonging to the Company to the Trust. Easements, &c., held by the Company transferred to the Trust. Pyap Irrigation Trust Act.-1923. 27. It shall be lawful for the Trust from time to time to compound and agree with any person who has entered into any contract with the Trust, or against whom any action is brought for any penalty contained in any such contract or in any bond or other security for the performance thereof, or for or on account of any breach or non-performance of any such contract, bond, or security, for such sum of money or other recompense as the Trust may think proper. 28. All the personal property specified and described in the Second Schedule, which property at the time of the passing of this Act belongs to the Company, is hereby vested in the Trust for the purposes of this Act, and shall henceforth be held by the Trust for such purposes free of any charge, lien, or encumbrance whatsoever affecting the same at the time of such passing. 29. All rights, powers, easements, and privileges in connection with the supplying of water to the Settlement at the time of the passing of this Act vested in or belonging to the Company, are hereby vested in the Trust for the purposes of this Act, and shall henceforth be held and exercised by the Trust for such purposes. Drains and channels 30. All drains and channels at the time of the passing of this Act to be maintained and water to be used in connection with the supplying of water to the Settlement supplied by Trust. shall be under the care, control, and management of the Trust, and Cf. 104, 1878, s. 15. shall be thoroughly cleansed, repaired, and maintained in a due state of efficiency by and at the expense of the Trust: Provided that until the expiration of three months from the passing of this Act such drains and channels shall be so cleansed, repaired, and maintained by and at the expense of the Company, and during such period such drains and channels shall continue to be under the care, control, and management of the Company, and the Company shall also supply water in the same manner and at the same cost as hitherto until the expiration of three months as aforesaid: Provided further that the Company shall spend in repairs to the drains and channels a sum at least of One Hundred Pounds and will, if required by the Trust, give a suitable guarantee for such expenditure. Drains and channels may be carried across public roads. Power of entry and inspection. 31. (1) The Trust may, with the approval of the District Council, carry any drain or channel across any public road on the Settlement, for the purpose of the supplying of water pursuant to this Act, and may maintain and continue in existence every such drain or channel. (2) The construction of any drain or channel for the supplying of water at the time of the passing of this Act existing on any public road on the Settlement shall be deemed to have been legally authorised, and every such drain or channel may be maintained and continued in existence. 32. (1) Any officer or servant of the Trust may from time to time- Pyap Irrigation Trust Act.-1923. (b) thoroughly cleanse, repair, and maintain in a due state of (2) Any person who obstructs or hinders any officer or servant of the Trust in the exercise of his powers under this section shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Twenty Pounds. water. PART IV. 33. Subject to the provisions of the Control of Waters Act, 1919, Trust to supply and any licence thereunder, and to the provisions of any other Act or law, the Trust shall supply water to lessees of blocks within the Cf. 1546, 1922, s. 85. Settlement at such charges, in such quantities, for such periods, and upon and subject to such terms and conditions, as the Trust from time to time determines. amongst lessees. 34. The Trust shall from time to time determine the order of Trust to regulate priority in which the various lessees required to be supplied with order of priority water under this Act shall be entitled to be so supplied, and such determination shall for all purposes be final and without appeal. 35. Subject to the provisions of the Control of Waters Act, 1919, and any licence thereunder, and to the provisions of any other Act or law, the Trust may supply water to any owner, lessee, or occupier of land outside the Settlement for such period, upon such conditions, and at such charges, as the Trust from time to time determines. Trust may supply water to persons ment. outside the Settle Cf. ibid., s. 89 (1). supplied by Trust. Cf. ibid., s. 89 (2). 36. When the Trust supplies water to any person, whether outside Payment for water or inside the Settlement, the person so supplied shall pay therefor such charges as were determined by the Trust at the time of such supply, and such charges may be sued for and recovered by the Trust, or by any person authorised by the Trust in writing, as a debt due to the Trust, in any Court of competent jurisdiction, or summarily. assessment. Irrigation Trust 37. (1) The Trust shall, as soon as practicable and whenever the Trust to make Trust shall consider it necessary for the purposes of this Act, cause Cf. Renmark to be prepared and entered in a book to be called "Assessment Book an assessment, which shall contain in the form in the Third Schedule hereto the names (as a ratepayer) of every person who is the owner or occupier of ratable land within the district, and the description, area, and situation of such land. (2) Such assessment shall be signed in the said book by the chairman and two members and the Secretary, who shall specify in such book the date of such signature. And such assessment shall thenceforth become and remain binding on the ratepayers until a new assessment shall be in like manner prepared, entered, and signed. assessors. 38. Every new assessment, except as by this Act otherwise pro- New assessment to vided, shall be made by one or more assessors, to be appointed by the Trust, and every such assessor shall, for the purpose of making Cf. ibid., s. 96. the assessment have power to put to any owner or occupier or person B in PART IV. Trust may adopt Pyap Irrigation Trust Act.--1923. in charge thereof, questions upon all such matters as may be necessary to enable such assessor to state correctly the particulars by this Act required to be stated in the assessment with regard to the premises, and if, after being informed by such assessor of his being an assessor and of his purpose in putting such questions and of his authority under this Act to put the same, any such owner or occupier or person in charge shall refuse or wilfully omit to answer the same to the best of his knowledge and belief, or shall wilfully make any false statement in answer to any such question such person shall for every such offence be liable to a penalty not exceeding Ten Pounds. 39. The Trust may, instead of causing any new assessment to previous assessment. be made by assessors, approve as a new assessment the last previous assessment, with such alterations and additions as may appear necessary. Cf. ibid., s. 97. Persons may have their names removed on change of ownership or occupation. Cf. ibid., s. 98. Owners or occupiers them inserted. Cf. ibid., s. 99 Trust to rectify all errors and omissions in assessment book when discovered. Cf. ibid., s. 100. Notice of assessment. Cf. ibid., s. 101. Appeal against assessment. Cf. ibid., s. 102. D.C.A. 1914, s. 165. 40. Every person whose name appears in the assessment book as owner or occupier of any ratable land shall be entitled to have his name removed from the book upon a change of ownership or occupation, and notice in writing thereof given to the Trust under his hand, he having first paid all rates, notice of which has been duly given him. 41. An owner or occupier of any ratable land whose name does not appear in the assessment book as such, may apply to the Trust to have his name inserted in the assessment book, and shall be entitled to have his name inserted accordingly. 42. All errors and omissions in the assessment book, with regard to any ratable land, or the ownership thereof (including errors and omissions arising from changes of ownership) shall be rectified by the Trust immediately on the discovery thereof, and a minute shall be made of such rectifications, and a copy thereof, signed by the secretary, shall be entered in the assessment book, and every copy thereof; and the assessment book, and every copy thereof, shall be rectified accordingly. 43. Notice in writing of the making of any assessment, of the adoption of any previous assessment, and of the place or places where copy or copies thereof may be inspected, shall within fourteen days of such making or adoption be given by publication in the Government Gazette and by posting or delivering the same to every person appearing in the assessment book as the owner of the land concerned; but if no person appears in the assessment book as owner, such notice shall be given in the Government Gazette. 44. Any person may appeal against the assessment or any alteration or rectification thereof or addition thereto, on any of the grounds following, that is to say (a) That he is not owner or occupier of the whole or any or some particular part of the ratable land for which his name. appears as owner or occupier: (b) That Pyap Irrigation Trust Act.-1923. (b) That any ratable land, or the owner or occupier of any ratable land within the district is omitted from the assessment: (c) That any land included in the assessment is not ratable. PART IV. 45. Appeals as aforesaid may be made either to the Trust or Appeals, how and directly to the Local Court of Full Jurisdiction nearest to the Trust where heard. Office, and from the decision of the Trust on any such appeal there may be a further appeal to such Local Court, and the decision of such Local Court shall be final, whether the appeal be to such Local Court direct or after a previous appeal to the Trust. 46. Every appeal to the Trust or to the Local Court direct shall Time for appealing. be commenced within twenty-one days after the publication of the Cf. ibid., s. 104. notice of the adoption or making of the assessment in the Government Gazette, by notice in the form in the Fourth Schedule to this Act, or in a form to the like effect, with such modifications as circumstances may require. If the appeal be to the Trust the notice shall be given to the secretary; if the appeal be to the Local Court the notice shall be given to the clerk of the Local Court and also to the secretary; and notice shall also be served upon the person (if any) whose name it is proposed to insert in the assessment or whose property is alleged to be omitted, fourteen days before the hearing of the appeal. Appeals made to the Local Court direct shall be heard at the sittings of the Local Time of hearing Court of Full Jurisdiction next after twenty-seven days from the said publication in the Government Gazette or the giving of the notice of alteration or addition as the case may be. Appeals made to the Trust shall be heard within thirty-two days next after the publication or the giving of such notice, and notice in writing of the day appointed by the Trust for the hearing of such appeals shall, fourteen days before the day of hearing be given by the Trust to all parties concerned and shall be posted on a conspicuous part of the Trust office. appeals. Cf. ibid., s. 104 Cf. ibid., s. 105 47. On the hearing of all such appeals the secretary shall produce Secretary to produce the assessment book containing the assessment, alteration, rectifica- assessment book. tion or addition appealed against, and the Trust, upon examining the witnesses without oath, or the Local Court, upon examining the witnesses on oath on the day of hearing, or at some adjournment of the hearing, may make such order as shall be just, and shall cause any alteration occasioned by the decision of the appeal to be made in the assessment book by the secretary, if the appeal be to the Trust, or by the clerk of the Local Court if the appeal be to the Local Court. 48. Every appeal from the decision of the Trust given or made Appeals from on the hearing of any appeal to such Trust as herein before provided decision of Trust. shall be commenced by a notice in the form in the Fifth Schedule Cf. ibid., s. 106. to this Act, or in a form to the like effect, with such modifications as circumstances may require, which notice shall, within ten days after the giving or making of such decision, be served on the secretary and the clerk of the Local Court, and such appeal shall come on for hearing |
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