09 

 Clause 50. 



50. Any person who without lawful authority (the proof of which shall be on the person 

 claiming to have the same) wilfully liberates or attempts to liberate, or has in his possession 

 any live rabbit, shall be liable to a penalty not exceeding one hundred pouuds for every such 

 offence ; but nothing herein contained shall be construed to prohibit any person, from keeping 

 live rabbits in any safe enclosure with the permission of the Minister first had and obtained. 



Mr. FLANAGAN (Gunbar) moved, ''That clause 50 be passed as printed." 

 The question was put to the meeting and carried. 



Clause 51. 



51. Any person who destroys, injures, removes, or interferes with any trap, snare, poison, 

 matter, or thing which is used or required for the purpose, of capturing or destroying rabbits, 

 and which is lawfully placed upon any land for such purpose, shall be liable to a penalty not 

 exceeding twenty pounds. 



Mr. BROWN (Budgerabong) moved, and Mr. Gumming seconded, " That the clause be passed as 

 printed." 



The question was put to the meeting and carried. 



Clause 52. 



Summary proceedings before Justices. 



52. Any proceedings for 



(a) the recovery of any sum of money, which any private person is under or by virtue of 



the provisions of this Act required or made liable to pay, whether such sum of money 



be due in respect of rabbit rates, costs of rabbit destruction, contributions towards 



rabbit-proof fencing, or otherwise howsoever ; or 



(i) the recovery of penalties or punishment of offences under this Act or any Regulation 



made thereunder 



shall be heard and determined in a summary way before two Justices in accordance with the 

 provisions of the Act or Acts in force for the time being regulating summary proceedings before 

 Justices. 



Where the Justices, upon such proceedings, adjudge or order any sum of money to be 

 paid and the same is not paid, either immediately after the adjudication or conviction, or within 

 the time then and there allowed by the Justices, payment of the said sum may be enforced by 

 distress and sale of the goods and chattels of the person adjudged or ordered to pay the same in 

 the manner provided by the said Act or Acts : Provided always that nothing herein contained 

 shall affect any other remedy provided in the Crown Lands Acts. 



Any person may take proceedings under this Act for the punishment of any offence 

 hereby enacted ; but where the land upon which an offence is committed is situate within a 

 Rabbit District any fine or penalty imposed for such offence shall belong and be paid to the 

 Rabbit Board of the District any law or statute to the contrary notwithstanding and the 

 Justices imposing such fine or penalty shall order accordingly. 



Mr. WILKES (Broken Hill) moved, "That in line 9, subsection (a), the word 'private' be struck out.'' 

 Mr. GARDEN (Cobar) seconded it, and it was carried. 



The Honorable RUPEUT CAHINGTON moved, " That lines 28 and 29 be struck out of clause 52 down 

 to the word 'enacted', and that the following be inserted, ' all information shall be laid and proceedings at 

 law taken by the Board through its officers.' " 



Mr. BRETT (Tirana) seconded the Honorable Rupert Caringtou's motion. 

 The question was put to the meeting and carried. 



Mr. CUDMOKE (Wentworth) said he would like to add, "That in section (/>) they should insert 

 ' Court of Petty Sessions ' instead of ' two Justices ' in line 17.' " 

 Mr. DILL (Hay) seconded it. 



Mr. ALISON (Canonbar) said that it occurred several times, and should be altered in each case. 

 Mr. OAKDKN (Cobar) seconded Mr. Alison. 

 Mr. ALISON'S (Canonbar) amendment was put and carried. 

 Mr. VANSTON moved, " That clause 52, as amended, bo passed." 

 Mr. CAMERON (Ivanhoe) seconded the motion. 

 The question was put to the meeting and carried. 



Clause 53. 



Appeals to General Sessions. 



53. Any person who shall think himself aggrieved by any adjudication, order, fine, penalty, 

 or punishment made or imposed by Justices under this Act, may appeal against the same, and 

 the provisions of the Criminal Law Amendment Act of 1883 in respect of appeals in cases of 

 summary conviction shall extend and apply to every such appeal. 



Mr. LESLIE (Forbes) proposed, " That clause 53 be passed as printed." 



Mr. CUMMINO (Hillston) seconded. 



The question was put to the meeting and carried. 



Clause 54. 



Orders may be enforced by action. 



54. In any case under this Act where any sum of money is ordered to be paid by Justices 

 or by a Court of General or Quarter Sessions, and the same is not paid within the period named 

 in such order, it shall be lawful for the person entitled to receive payment of such sum to sue 

 upon such order in the District Court or the Supreme Court. 



Mr. LESLIE (Forbes) proposed, "That clause 54 be passed, as printed." 



Mr. HEBDON (Wanaaring) seconded the motion. 



The question was put to the meeting and carried. Clause 



