PART III. Conditions required. Officer to give certificate of compliance. Order to be exercised within five years. Order may be offered for payments at different times. The Forest Trees Act.--1878. lands of the Crown, forest trees of the description mentioned in any such regulation, shall be entitled to receive an order in the form of Schedule hereto marked F, which order shall entitle such person to the amount of Two Pounds for every acre so planted, such amount to be credited to him on the purchase of any waste lands of the Crown in the province open for sale at auction or otherwise, or to be received in payment of the interest of the purchase-money if selected on credit or in payment of any rent due to the Government, but subject in every other respect to the laws and regulations for the time being in force regulating the sale and disposal of the waste lands of the Crown: Provided that the Commissioner of Crown Lands may refuse to grant any such order unless it shall be shown to his satisfaction that the land in respect of which such order is sought has been devoted to no other purpose, except for the purpose of protecting, planting, and gardening, as may be approved by the Commissioner, and except as provided in the 5th sub-paragraph of of clause 3 of Schedule H, than that of producing forest trees for at least two years, and that the trees on such lands are in a vigorous and healthy condition, and that the land is securely fenced in against sheep and cattle. 23. Upon the certificate of any officer appointed under this part of this Act that the terms and conditions imposed by this Act have been complied with, the person to whom such certificate is given shall be entitled, on the production of such certificate to the Commissioner of Crown Lands, to receive an order for an amount to which such certificate shall prove him to be entitled. 24. Every such order shall be transferable, and shall be exercised within five years from the date thereof, and if not exercised within such period shall be absolutely null and void. 25. It shall be lawful for the holder of any order, if the sum of money named therein exceed Fifty Pounds, but not otherwise, to exercise such right wholly at one time, or from time to time (before the expiration of the period aforesaid), and to purchase, under such order, land in one parcel, or in more parcels than one; and whenever such order, whatever the amount thereof may be, shall be exercised by the purchase or selection of any such land as aforesaid, the holder of such order shall at any time, when under the law in force regulating the sale of such lands he would be bound to pay any deposit, interest, rent, or purchase-money, if such purchase had been made under such law alone, and not under this Act, produce such order to the person to whom such deposit, interest, rent, or purchase-money may be payable; and such person shall thereupon note by endorsement on such order, the sum of money which would be payable by such holder as such deposit, interest, rent, or purchasemoney as aforesaid, and shall also give to the holder of the order a receipt or certificate in the like form and to the like effect as such holder would be entitled to receive if he had paid in cash the sum so endorsed; and such receipt or certificate shall have the same force The Forest Trees Act.-1878. force and effect as if the holder of such certificate had paid such sum so endorsed as aforesaid: Provided, however, that when the order has been fully exercised it shall be given up to the Treasurer. PART III. 26. No land once planted shall entitle the owner to more than One order only to one order in respect of such land. 27. Any person holding a lease from the Crown for pastoral purposes may give written notice to the Commissioner of Crown Lands that he wishes to sow, plant, or transplant forest trees on any tract of land not being less than twenty acres, on the land held by him on lease, and in such notice shall define the number of trees on each acre, and the description of trees which he intends to sow, plant, or transplant, and state the amount of compensation which he expects in case of resumption; and if no objection is raised by the Commissioner within six months after the giving of such notice, all trees sown, planted, or transplanted in pursuance of any such notice which shall at the time of resumption be in a vigorous and healthy state, at least ten feet high, and securely fenced against sheep and cattle, shall be an improvement for which compensation shall be given if such land is resumed: Provided that in no case more than Two Pounds shall be paid for every acre sown, planted, transplanted, and resumed. PART IV. MISCELLANEOUS PROVISIONS, PENALTIES, AND LEGAL PROCEDURE. issue for same land. Planting of forest trees by pastoral lessees to be held an improvement. PART IV. 28. The Governor may, from time to time, remove any Secretary, Appointment of Forest Conservator, or other person holding office under the Forest officers. Board, pursuant to this Act, and appoint and employ any other person or persons to fill any vacancy that may arise in any office, and also any other officers necessary for giving effect to this Act. 29. The Governor may from time to time make regulations for Governor may make conducting the business and proceedings of the Forest Board, and regulations. for carrying into effect the provisions of this Act, and the same in like manner to vary, alter, or revoke: and such regulations may be made to apply generally throughout the said province, or may be limited to apply to any one or more districts, and different regulations may be made from time to time for the several districts, and such regulations may prescribe any penalty not exceeding Five Pounds fore made to remain for any breach of any such regulations. The regulations set forth Regulations heretoin Schedules hereto marked G and H shall be and are hereby in force. declared to be the present regulations, and shall be as valid and effectual to all intents and purposes as if they had been made under this Act, except so far as they may be altered or varied by future regulations. 30. Any person who shall cut timber or bark upon, or remove the same, or quarry or remove any stone, sand, or gravel from any forest reserve, Penalties for cutting sand, &c. timber or removing PART IV. Owners of animals damages. The Forest Trees Act.--1878. reserve, without a licence, shall incur a penalty of not more than Five Pounds in addition to the value of the material removed. 31. Any person who shall suffer any cattle, sheep, goats, pigs, or trespassing liable for horses belonging to him or under his charge to stray, or be at large, or be tethered or depastured in any enclosed forest reserve without special permission from the Board, shall incur a penalty not exceeding Five Pounds; and in case of any injury to, or the destruction of any plant or plants, tree or trees within any enclosed forest reserve, fence, or gate connected therewith, such person shall, in addition, pay the value of the plant or tree, or fence, so injured or destroyed, and in default of payment may be imprisoned for a term not exceeding three months. Penalty for destroying 32. Any person who shall steal, or wantonly destroy or damage the or damaging trees, &c. whole or any part of any tree, fence, or gate, or shall wilfully cut, break, or root up any tree, sapling, or seedling upon any forest reserve, or shall steal or wilfully destroy or damage any tree, sapling, or seedling sown or planted, or transplanted by any person within any forest district, may be ordered to forfeit or pay a sum not less than Five Shillings and not exceeding Ten Pounds, or may be imprisoned with or without hard labor for any term not exceeding three months. Penalty may be recovered in a summary manner. Application of No. 6 of 1850. Non-payment of penalty. Appeal. 33. Every proceeding for the recovery of any penalty, or sum of money, by this Act imposed or made payable, may be had before any Special Magistrate, or two or more Justices of the Peace for the said province, in a summary way, by or in the name of the Forest Board, or of any officer of the Forest Board, or any other person appointed under this Act. 31. The proceedings before Justices shall be conducted as appointed by and shall be regulated under the Ordinance No. 6 of 1850, intituled "An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders. 35. In every case of the adjudication of a fine or pecuniary penalty or amends under this Act, and of the non-payment of such fine or pecuniary penalty or amends, the Justices before whom the proceedings have been taken may commit the offender or person making default in payment to any gaol in the said province for any time not exceeding three calendar months, the imprisonment to cease on payment of the sum and costs due; but this section shall not affect any remedy for the recovery of any fine or pecuniary penalty or amounts under the said Ordinance No. 6 of 1850, or any other Ordinance or Act. 36. There shall be an appeal from any order of Justices of the Peace, The Forest Trees Act.--1878. Peace, made under the provisions herein before contained, or from any order of Justices of the Peace dismissing any information laid under this Act, or from any conviction by Justices for any offence against this Act, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings in such appeal shall be conducted in manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts, but the Local Court of Adelaide aforesaid may make such order as to payment of costs of appeal as such court shall think fit, although such costs may exceed Ten Pounds. 37. It shall be lawful for the Local Court of Adelaide, upon the hearing of any appeal under the last preceding section, to state one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cases, according to the practice of the Supreme Court on special cases; and the Supreme Court shall make such order as to the costs of any such special case as to the said court shall appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enforced in manner provided by this Act, for the enforcement of orders of Justices of the Peace, and save as herein provided, no order or proceeding of Justices, or of any Local Court made under the authority of this Act, shall be appealed against or removed by certiorari or otherwise into the Supreme Court of the said province. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. PART IV. Local Court of Adelaide may state a case for opinion of Supreme Court. 06-B SCHEDULES No. 1. Never Never Ranges and Springs.-Comprising all that portion of the Hundred of Belalie south-west of Section 61; west of Sections 289, 288, 287, 53, 31w, 30, 29, 18, 17, 16, 1N, 1s, 3, 274, and 4; all that portion of the Hundred of Yangya south of Section 250, east of Sections 273, 269, 270, 271, and 272; all that portion of the Hundred of Bundaleer east of a line from the north-east corner of Section 484, to the south-east corner of Section 494, south of Section 494; east of Sections 495, 496, and 502; and north of Sections 37, 36, 35, and 33; and that portion of the Hundred of Reynolds north of Sections 214, 201; and west of Sections 178, 213, 212, and 211. No. 2. Wirrabara.—Comprising all that portion of the County Victoria west of the Hundred of Booyoolie; north of portion of the Hundred of Crystal Brook; and east of the Hundred of Napperby; and that portion of the County of Frome west and south-west of the Hundred of Appila, south of portion of the Hundred of Wongyarra, and east and north-east of a line commencing at the Bluff Trigonometrical Station, and running in a north-westerly direction along the summit of the Bluff Range to its northern extremity; and thence to the south-west corner of the Hundred of Wongyarra. No. 3. Mount Remarkable.-Comprising the whole of Sections 3A, 197, and 198, Hundred of Wongyarra. No. 4. Penwortham.-Comprising the Government Reserve west of Section 603, and portion of Section 33; south of portion of Section 9; east of Section 36, and north of road north of Sections 359 and 29, all in the Hundred of Clare. Southern District. No. 5. Mount Gambier.-Commencing at the east corner of Section 430, Hundred of Blanche; thence south-westerly along its south-eastern boundary to a point 100 links north-east of the south corner of said Section; thence in a south-easterly direction by lines 200 links north-east of, and parallel to, the north-eastern boundaries of Sections 1000, 468, and 36, and easterly, by a line 200 links north of, and parallel to, the north boundary of Section 548, to the north-western side of the Main Road to Gambier Town; thence in a north-easterly and northerly direction, following the north-western and western sides of said road to a point east-south-easterly of the south-east corner of the Botanic Garden; thence west-north-westerly to said corner, and along the southern boundary of said garden, to its south-western corner; thence in a south-south-westerly direction along the summit of the ridge between the lakes, south of the Botanic Garden and Section 85, to the summit of the Mount Gambier |