39 



The CHAIRMAN said he could not take that as an amendment. He did not mind taking the rote 

 again as there were places where there were no Police Magistrates. 



Mr. ALISON (Canonbar) said the idea was to secure impartiality, and they were rather apt to forget 

 convenience in trying to secure this. In some of the far districts they had not got Police Magistrates. 

 Owners or occupiers or producers might have to travel enormous distances to have a very simple case 

 heard. He would submit that they ought not to put out of the reach of these men the chance of having 

 justice administered close to their homesteads. He would advise Mr. Cudmore to amend his resolution 

 to say," wherever there is a Police Magistrate it should be heard before him, and where there is no Police 

 Magistrate it be heard before two Justices." 



The CHAIRMAN said that would be superfluous, as the Police Magistrate was always there at the 

 Court of Petty Sessions. 



Mr. FLANAGAN (G-unbar) said he would support Mr. Alison. 



Mr. ALISON (Canonbar) said that sometimes the Police Magistrate could not be there. He might 

 be away in some other part of the district. In such a case I think it should wait until he returned. 



Mr. FLANAGAN (Gunbar) thoroughly agreed with Mr. Alison. 



Mr. BOLTON ( Wagga Wagga) would point out that the Police Magistrate in his town had several 

 other towns to visit, and his absence was so frequent that they had had to form a roster. He was a 

 Justice of the Peace himself. They had the power to take away a man's liberty ; surely they could settle 

 these small disputes. 



Mr. CUDMORE (Wentworth) said he was willing to accept Mr. Alison's amendment that where a 

 Police Magistrate was not available two Justices should hear the case. 



Mr. HEBDEN (Wanaaring) said that was too vague. It was not workable, and in many cases 

 would make it very inconvenient. He would move an amendment that the "two Justices" be struck 

 out and the " Court of Petty Sessions" put in. 



Mr. MOOEE (G-oodooga) seconded Mr. Hebden. 



Mr. FREEMAN proposed an amendment, " That any amount due as rabbit rates may be recovered 

 by summary proceeding before a local Police Magistrate, or if there is no Police Magistrate in the district 

 then before two Justices." 



Mr. WILKES (Broken Hill) rose to a point of order. He had tried to move this, and had been 

 ruled out of order. He did not believe in his brains being used by others. 



The CHAIRMAN said he thought if they adopted Mr. Hebden's amendment " a Court of Petty 

 Sessions" would meet the case. He then put Mr. Hebden's amendment to the meeting, and it was 

 declared carried. 



Clause 18, as amended, was put to the meeting and carried. 



Clause 19. 



Apportionment oflfates in certain cases, 



19. In any case where 



(a) any rabbit rates have been paid in respect of any lands held under lease or license 



from the Crown ; and 



(/j) such lands or any portion thereof are, during the currency of the year to which such 

 rates relate, withdrawn from the lease or license by becoming the subject of any 

 conditional or other purchase or homestead selection or conditional or other lease ; 

 the person who has paid the said rates shall be entitled to recover from the incomer BO much 

 of the amount paid as mav be proportionate to the area withdrawn and the unexpired period of 

 the year. 



Mr. ALISON (Canonbar) begged to move that this clause be eliminated. He considered it 

 unnecessary in view of the resolutions passed. 



Mr. DAVIES (Gunnedah) seconded the motion. 



The CHAIRMAN then put the question, and it was carried. 



'" 



Clause 20. 



Powers of Babbit SoarJ as to Barrier Fences. 



20. A Rabbit Board shall have power to 



(or) erect a barrier fence on any land, whether public or private, within or without the 



Rabbit District, and repair and maintain the said fence ; and 

 (i) utilise and convert into a barrier fence any private fence, whether rabbit-proof or not, 



on any land within or without such district, and repair and maintain the said fence ; and 

 (c) erect and maintain a barrier fence across any road or travelling stock route, making 



gates in such fence for the passage of members of the public and their stock ; and 

 (<?) place a rabbit-proof gate in any barrier fence wheresoever the same may be required, 



and repair and maintain such gate ; and 

 (e) co-operate with the Eabbit Board of any neighbouring Rabbit District in the construction 



and maintenance of any such work as hereinbefore mentioned. 



A barrier fence may be taken to mean a rabbit-proof fence which protects, or will protect from 

 the incursions of rabbits, the Rabbit District, or any part thereof, whether erected without or 

 within the boundaries of the Rabbit District ; and the decision of the Local Land Board that 

 a barrier fence protects, or will so protect, the Rabbit District or any part thereof shall be 

 conclusive of the fact, as against the owner or occupier of any private holding or lands within 

 the Rabbit District. 



Mr. WILKES (Broken Hill) proposed that it be taken in detail. 



Mr. FLANAGAN (Gunbar) said the clause empowered the Boards to go outside their own districts ; 

 therefore he thought it would be improper to pass the clause as it stood, because he held that the 

 power was given to the Board to erect barrier fences around their own boundary and not outside, but 



around 



