64 



Clause 44. 



Provisions governing groups. 



44. A group of holdings shall be deemed to be a single holding so far as regards any such 

 contribution towards the cost of the erection, maintenance, or repair of rabbit-proof fencing as 

 may be payable by or to the owners of adjoining holdings outside the group. And the following 

 provisions shall apply to the holdings forming part of a group, and to the owners thereof : 



(i) The liabilities of such owners as between themselves, in respect of sums expended or to 

 be expended for the erection or repair of the ring fence, or of amounts paid or to be 

 paid as contributions towards the cost or maintenance of any portion of such fence, 

 shall be proportionate to the respective areas of the holdings of such owners, and in 

 any case of dispute shall be declared by the Local Land Board ; and the amount 

 declared by such Board to be payable by any surh owner shall be a charge upon his 

 holding. 



(n) The majority in number of the owners whose lands may for the time being constitute 

 a group may, from time to time, by an instrument in the prescribed form, appoint any 

 person to be the secretary of the group ; and proceedings may be taken by or against 

 the secretary for the time being of a group, as nominal plaintiff or defendant repre- 

 senting all the owners of all grouped lands. 



(in) In any case where a group of holdings is not known to have a duly appointed secretary 

 or the duly appointed secretary cannot be found, the Eabbit Board of the district in 

 which such group or any portion thereof is situated may designate the owner of any 

 land included within the group to be the nominal defendant representing all the owners 

 of all grouped lands for the purposes of any proceedings proposed to be taken againat 

 such group or such owners ; and proceedings may thereupon be taken against such 

 owner as nominal defendant in the same way as if he were the duly appointed secretary 

 of the group. 



(IT) In any case where judgment has been recovered against the secretary of a group or other 

 nominal defendant as aforesaid, and has not been satisfied, or where an order for the 

 payment of money has been made against such secretary or other nominal defendant, 

 and has not been complied with, the person entitled under such judgment or order may 

 apply to the Local Land Board to settle the respective amounts to be contributed by 

 the owners of the holdings within the group for satisfaction of such judgment or 

 compliance with such order ; and the Local Land Board shall thereupon settle the said 

 respective amounts in proportion to the respective areas of the holdings of such owners ; 

 and the person entitled under such judgment or order may take proceedings against 

 each or any of such holders for the amount settled by the Local Land Board. 



(T) If any part of a holding within a group shall be withdrawn from such holding, by 

 reason of its becoming the subject of any homestead selection or purchase or lease from 

 the Crown, or by reason of such holding being subdivided, the new holding created by 

 such homestead selection or purchase, lease, or subdivision shall be a holding within, 

 and forming part of, the group. 



(TI) A holding shall not cease to form part of a group, by reason only of any change of 

 ownership in respect of such holding, or of any other holding within such group ; but 

 any owner may, with the permission of the Eabbit Board, and subject to any conditions 

 which it may impose, detach his holding from the group of which it formed part if the 

 boundaries of such holding have been made rabbit-proof. 



(TII) If at any time it be made to appear to the Eabbit Board that a group of holdings is 

 too large to allow the work of destroying rabbils being satisfactorily performed, and 

 that the owners holding not less than one-half of the grouped lands desire that such 

 group of holdings may be subdivided, it shall be lawful for the Board to authorise the 

 subdivision of such group, and to determine the line or lines of subdivision. And the 

 subdivision rabbit-proof fence or fences shall, in all respects, be dealt with as if the 

 same formed part of the ring fence of such group. 



Mr. CAMERON (Ivanhoe) proposed that clause 44 as printed be passed. 



Mr. VANSTON (G-oodooga) seconded it. 



The question was put to the meeting and carried. 



Clause 45. 



Destruction by owners and occupiers. 



45. It shall be the duty of every owner and of every occupier of any private holding or 

 lands from time to time to suppress and destroy, by lawful means, and at his own cost, all rabbits 

 which may from time to time be upon such lands, or upon any roads bounding or intersecting 

 the same, or any part thereof. 



Any owner, or any occupier, of any private holding or lands who fails to fully and con- 

 tinuously perform such duty as aforesaid to the best of his means and ability shall be liable to a 

 penalty on the first conviction of not less than two nor more than ten pounds, and on the second 

 conviction of not less than^ye nor more than twenty-fire pounds, and on the third or any subse- 

 quent conviction of not less than thirty nor more i\\affti/ pounds ; and the existence of rabbits 

 on any private holding or lands shall be prima facie evidence that the owner or the occupier 

 thereof (as the case may be) has failed to fully and continuously perform such duty to the best 

 of his means and ability. 



Mr. CAMERON (Ivanhoe) moved that the word " private," in line 14, and the word "all," in line 

 15, be struck out, and that the following be inserted after the word " cost," in line 15, " to the 

 best of his ability and to the satisfaction of the Board." The first part of the clause would then read 



