4

Pastoral lessee to be notified of applica

tion.

Selector to be notified

of lessee's claim.

Selector may refuse to pay.

Date of arbitration to be fixed by Minister.

64° VICTORIÆ, No. 15.

Land Act-Amendment.

(2.) Within sixty days from the date on which the lessee
is informed by the Minister that any land has
been applied for in his pastoral lease, the lessee
shall furnish the Minister with a full and com-
plete statement of the improvements (if any) for
which he claims compensation, and shall, at the
same time, name a competent person as his
arbitrator. The Minister shall thereupon inform
the selector of the claim of the lessee, and shall
require the selector to forward to him the amount
claimed within sixty days of the date of the
notification: Provided that if the land is not
surveyed at the time it is selected, the said sixty
days shall commence to run from the date on
which the lessee is informed that the land has
been surveyed.

(3.) If the selector thinks that the improvements are
rated at more than their value, he may,
within the sixty days allowed, inform the
Minister that he refuses to pay the amount
claimed, and shall then name an arbitrator to
meet the arbitrator of the lessee at
House of the Ni-

Meeting of arbitrators.

Amount of award to be paid within sixty days.

Party in default to be bound by arbitrator attending.

Costs.

.༦ ༥p0il tlie
pala; any difference of opinion to
be determined by the Resident Magistrate for the
district acting as umpire, and the decision arrived
at shall be final. The Resident Magistrate may
adjourn such arbitration if he think fit, and in
such case shall notify the parties accordingly.
The amount fixed shall, within sixty days, be
paid to the Resident Magistrate, who shall pay it
to the lessee, forwarding the receipt of the lessee
for the money to the Minister.

(5.) If either of the arbitrators fails to attend, the
case shall be heard and decided by the other
arbitrator attending, and in the event of neither
party attending, the claim for improvements
shall be considered as withdrawn.

(6.) The arbitrators shall have power to award such
costs as in their opinion shall be deemed suffi-
cient; not, however, exceeding in any case Fifty
pounds.

(7.)

Land Act-Amendment.

Removal of improve

(7.) Provided always, that nothing herein contained
shall prevent any pastoral lessee from removing, ments.
with the Minister's permission, any such improve-
ments which, in the opinion of the Minister, are
capable of removal without permanently deterior-
ating the value of the land on which they are, if
such removal is carried out within three months
from the approval of the application to purchase.

13. SECTION one hundred and fifty-two of the principal Act

Amendment of 62

is amended by inserting, in line six, immediately after the word Vict., No. 37, sec. "town," the words: "for taking, diverting, conserving, and using 152. water for mining, industrial, and other purposes, or for."

14. THE Governor may, by notice in the Government Gazette, Residential leases. define and set apart for residential leases any unalienated town, suburban, or rural lands, and may in like manner declare any such land as open for selection, and may withdraw any such land from being so open, and may, by regulations, prescribe the terms and conditions. on which such leases may be granted. Before any land is so declared open for selection, it shall be surveyed under the direction of the Minister, and divided into lots, each not exceeding half-anacre in area. No lands of which residential leases are granted under this section, or of which residential leases have been or may hereafter be granted under regulations in that behalf, shall be sold or granted in fee simple.

Gazette notice to be

15. A NOTICE inserted in the Government Gazette, signed or purporting to be signed by the Minister or the Under Secretary for equivalent to Lands, to the effect that any lease, license, or other holding is re-entry. forfeited for default in payment of rent, or for breach or nonobservance or non-performance of the conditions thereof, shall be deemed equivalent to a re-entry and recovery of possession by or on behalf of the Crown within the meaning of the proviso for re-entry expressed in or implied by the lease, license, or other instrument.

In the name and on behalf of the Queen I hereby assent
to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority: RICHARD PETHER, Government Printer, Perth.

1900, Page 355. 64 Vict., No. 16.-See Constitution of Commonwealth, Sec. 90, and No. 8 of 1901 (Commonwealth).

relating to Distillation.

BE

[Assented to, 5th December, 1900.]

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, follows:

as

1. THIS Act may be cited as the Distillation Act, 1900, and shall come into operation one month after the passing thereof.

2. THE Acts mentioned in the First Schedule hereto are hereby repealed.

3. IN this Act, unless the context otherwise requires,

Short title.

Repeal.
Schedule I.

Interpretation.

"Colonial Spirits" means spirits distilled in Western Australia 35 Vict., 6, s. 153. and liable to excise duty;

"Distiller "

Distillation Act, 1884 (S.A.), s. 3.

Distillation.

"Distiller" means a person holding a "Distillation License," as hereinafter defined;

66

Distillery" means the premises of any distiller or wine manufacturer where the process of distillation, or rectifying, or compounding of spirits is carried on, and all spirit stores and buildings connected therewith or appurtenant thereto; "Feints" means spirits produced by the re-distillation of low wines;

"Illicit spirits" means spirits produced and made contrary to this Act, and spirits on which the full duty has not been paid;

66

Imported spirits means all imported spirits and strong waters liable to a duty of Customs;

"Impurity

66

66

means any substance other than ethylic alcohol

and water;

Inspector" means the Chief Inspector of Distilleries;

Any Inspector" means the Chief Inspector of Distilleries or any other Inspector of Distilleries.

"Low wines" means all spirits drawn and produced by one distillation of wash;

"Officer" means any officer of Customs, and any inspector or any officer appointed by the Chief Inspector of Distilleries for any of the purposes of this Act;

"Premises," when used with reference to a distiller or rectifier, means any building or place used by him and of which entry is required to be made;

"Prescribed" means prescribed by any regulations made by the Governor under this Act;

"Proof" means the ordinary and conventional degree of strength indicated as such by Sykes' hydrometer;

"Spent Wash" means the liquor which may remain in the wash after the low wines have been extracted by distillation;

66

Spirits" means alcohol, brandy, whisky, rum, gin, low wines, feints, cordials, liqueurs, wines, and spirits of any sort, including all liquors mixed with spirits, and all mixtures, compounds, or preparations made with spirits containing more than thirty-five per centum of proof spirits;

"Spirit Merchant" means a vendor of duty-paid spirituous liquors, wine, or fermented malt liquors in quantities not

less