PART VII. Penalty for injuring drains. Drainage Boards may do certain acts, and person. The South-Eastern Drainage Act.-1878. Act imposed or authorised upon the breach of any of the provisions thereof, the Drainage Board may sue for and recover any special or other damages for the breach of any of such provisions, or for any injury done to any main or district drain or drainage works under its control. 43. Any person who wilfully dams up, or in any way whatsoever injures, whether by driving horses, cattle, sheep, or other animals or vehicles through, along, or across any main or district drains, or otherwise howsoever injures or obstructs any public, or district, or drainage work; and any person who wilfully hinders or prevents any other person from carrying out or performing any work authorised or directed by any Drainage Board shall, upon conviction, for each offence incur a penalty of not less than Two Pounds nor more than Twenty Pounds. 44. Whenever the person legally liable shall neglect to perform charge to defaulting any act hereby required to be done the Drainage Board may perform the same, after giving to such person or leaving at his last or usual place of abode or upon the land in respect of which such act is required to be done, seven days' notice in writing to do such act, and after the doing of such act, the Board may recover the costs, charges, and expenses thereof from the person so in default upon an information before two or more Justices in a summary way. Public notice, how to be given. Costs of legal proceedings. Drains, other than main or district, to be kept in repair by owner or adjoining owner. 45. Public notice under this Act shall be given by insertion in the Government Gazette, and by posting handbills on every post office in the Drainage District, and on every other place appointed by the Drainage Board as a place for posting notices. 46. All costs, charges, and expenses incurred by any Drainage Board in instituting or defending any legal proceedings instituted or defended by it in its character of a Drainage Board, may be defrayed out of the rates leviable by it, and no member of a Drainage Board shall be personally liable in respect of any such costs, charges, or expenses. 47. All drains within any Drainage District other than main or district drains, shall, unless when otherwise provided for, be cleansed, repaired, and maintained in a due state of efficiency, by and at the expense of the owner and occupier of the land through which such drains pass; and such owner or occupier shall be responsible for the proper and efficient cleansing, maintenance, and repair of all such drains: Provided that whenever any such drain shall pass along the boundaries of or between land in the occupation of two or more persons, every such person shall be responsible for the proper and efficient cleansing, maintenance, and repair of that portion of such drain immediately adjoining the land in his occupation, or bear such proportion of the cost of cleansing, maintaining, and repairing the same as the Drainage Board may determine. And such drains shall be thoroughly cleaned and repaired once at least in every year, and at such other times as the Board may require. 48. Any 41° & 42° VICTORIÆ, No. 104. The South-Eastern Drainage Act.-1878. PART VII. Board. 48. Any dispute arising between the owners or occupiers of land in any Drainage District as to the cleansing, maintaining, and re- Compensation for pairing of any drain, and all questions of compensation between damage done by such owners and occupiers for any damages arising out of any act done or suffered by such owners or occupiers under or by virtue of, or in conjunction with, this Act, shall be decided and determined by the Drainage Board for the district, whose decision shall be final. 49. Any person erecting or making, or commencing to erect or make, any bridge, culvert, or other work over, across, or along any main or district drain, or any road or reserve adjoining any such drain or any drainage works, without the licence in writing of the Drainage Board first had and obtained, shall for every such offence forfeit and pay a penalty or sum of not less than Two Pounds nor more than Twenty Pounds. 50. Any person obtaining such licence shall execute and perform the work pursuant thereto, and to the satisfaction of and within the time limited by the Board, and shall keep such work when executed in good and substantial repair; and upon any person neglecting to perform and execute, or keep in repair such work as aforesaid, the Board shall execute and complete such work or repair the same as aforesaid, and such person shall be liable for all costs, expenses, and charges thereof, and the same may be recovered as hereinafter provided: Provided always that whenever the Drainage Board shall deem it necessary, and shall give fourteen days' notice in writing to the owners or occupiers of the land immediately adjacent to such bridge, culvert, or other work erected or made as aforesaid, may be closed, removed, or taken away as the Drainage Board may deem expedient. Penalty for com 13 licence of Board. mencing work without Work to be executed to satisfaction of repair. 51. Any member of a Drainage Board, who knowingly and Penalty on interested wilfully shall vote upon or take part in the discussion of any matter member voting. in or before the Board in which such member shall directly or indirectly, by himself or his partners, have any pecuniary interest shall, on conviction, forfeit and pay for every such offence a sum not exceeding Fifty Pounds. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. Adelaide By authority, E. SPILLER, Acting Government Printer, North-terrace. An Act to apply, out of the General Revenue, the further sum of Two Hundred and Ninety-Two Thousand One Hundred and Sixteen Pounds Three Shillings and Eightpence, to the Service of the Year ending the Thirtieth day of June, one thousand eight hundred and seventy-nine. B [Assented to 22nd October, 1878.] E it Enacted by the Governor of the Province of South Aus- Preamble. tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: of £292,116 3s. 8d. 1. Out of the General Revenue of the said province there shall Issue and application be issued and applied, from time to time, for the service of the year ending the thirtieth day of June, one thousand eight hundred and seventy-nine, any further sums of money not exceeding in the whole the sum of Two Hundred and Ninety-two Thousand One Hundred and Sixteen Pounds Three Shillings and Eightpence to such services as shall then have been voted by the House of Assembly aforesaid. this Bill. In the name and on behalf of Her Majesty, I hereby assent to Adelaide By authority, E. SPILLER, Acting Government Printer, North-terrace. |