Page images
PDF
EPUB

The minimum area is 1280, and the maximum area 10,240 acres; leases commence from the day of the sale, and have a term of seven years at a fixed rent.

The lessee may, by sending notice to the Minister, at least twelve months prior to the expiration of the term, obtain an extension of three years; but the Minister may, by giving the lessee a like notice, terminate the lease.

At the time of sale the first year's rent and a survey fee of £2 per mile of the actual length of the boundaries must be paid; otherwise the lease may be put up again.

Rent must be paid into the Treasury annually, in advance; two only of such leases may be held by, or on behalf of, the same person; there are no conditions to be performed except payment of rent.

The holder of the lands under annual lease or occupation license out of which the snow-lease is granted is entitled to one month's grace before the lessee of the snow-lease may impound any of his stock which may be thereon.

A snow-lease may be transferred at any time.

ADVANCES TO SETTLERS.

Under the "Advances to Settlers Act" sums of money not exceeding £200 may be advanced to distressed settlers holding conditional purchases, homestead leases, settlement leases, etc.. at the rate of £4 per cent. per annum.

Such advances are repayable in such amounts and at such times as the board which administers the Act may determine upon, but the maximum time allowed for payment is ten years.

In default of payment of any amounts due, freehold lands may be sold, and other lands may be forfeited.

The board is located in Sydney, and consists of the Minister for Lands, assisted by three members.

DIVIDING FENCES.

Claims or contributions towards the cost of erecting or maintaining any fence, or any question as to the erection or completion of any fence, may be brought before the Land Board for settlement.

A notice stating the facts should be lodged with the chairman of the board, and a copy of the same should be served or each person concerned within seven days after so lodging it.

APPEALS.

The decision of the Land Board is in all cases subject to an appeal to the Land Court; the decision of this court is (as has been previously stated) final, except that in case any question

of law arises, any party to the appeal may require that such questions be submitted to the Supreme Court for determi

nation.

The Land Court consists of a president and two commissioners, and is located in Sydney; as the procedure to be followed is beyond the scope of this treatise, and as some knowledge of the law of evidence and of the manner of conducting a case is essential, it is submitted that it would be imprudent for an intending appellant to refrain from seeking professional assistance.

Dogs-Laws Relative to.

DOG STEALING.

Dog stealing, or unlawfully and knowingly retaining possession of any stolen dog, is punishable with a fine or imprisonment, limited to £20, or a proportional term of imprisonment in default; or, if the offender is under sixteen, the limit of fine is £10, or imprisonment as before—in either case on conviction before one magistrate. But the accused must be asked if he consents to the summary jurisdiction, as he may elect to go to a jury.

KEEPING FIERCE DOGS.

A savage dog may be kept for the protection of a house and premises, and may safely be left loose at night, at any rate after the hour at which any person might be expected to come there for a lawful purpose. During the daytime, however, the owner must keep it secure, for if it escapes and does mischief, or injures anyone coming on to the premises by the usual means of access and for a lawful object, the owner is liable.

In case of injury it is now providea by statute that the person injured need not prove either the previous mischievous propensities of the animal, or that the owner or keeper knew that it had such propensities, or that the injury arose from some neglect on the part of the owner or keeper.

DESTROYING FIERCE DOGS.

Any dog attacking any person elsewhere than on the premises of its owner or keeper may be shot or destroyed in some other manner; but the mere fact of its being of a savage disposition and at large, is not enough to justify any person in destroying it.

And by statute (19 Vic., No. 24, s. 21) any person keeping any dog which shall attack and endanger the life or limb of any person lawfully using any private yard, street, or other place, is liable to a penalty limited to £2 or imprisonment, on conviction before one magistrate as for a nuisance.

REGISTRATION OF DOGS.

Dogs kept within the boundaries of Sydney and (generally speaking) of any town or police district, must be registered every year under penalty limited to £2, and 10s. for each dog, or imprisonment in default. All unregistered dogs may be seized within the said boundaries and detained and a notice given some magistrate; anu if the owner or his agent does not on summons appear and claim the animal within twenty-four hours (or such further time as may be allowed), it is to be immediately destroyed.

And any dog, whether registered or not, found within the aforesaid boundaries at large and without being in the immediate charge of any person, or unless it has a collar with the owner's name and address legibly engraved thereon, may be destroyed. Bulldogs and mastiffs must be muzzled in addition to having a collar.

USING DOGS FOR DRAUGHT.

Dogs (or goats) must not be used for the purpose of drawing, or assisting to draw, any cart, carriage, truck, or barrow under a penalty limited to £2, or to £5 for any second or following offence, in default imprisonment. It may be mentioned that the statutory law relating to dogs is chiefly contained in the "Dog and Goat" Act-No. 44 of 1898.

District Court.

GENERAL REMARKS.

The District Courts (which correspond to the County Courts. of England) are held in the various districts into which the State has been divided for the purposes of the District Courts Act at fixed times during the year; for information as to the dates upon which the several sittings are held, reference should be made to the current Law Almanac, or inquiry made of the nearest Clerk of Petty Sessions, which officers generally act also as Registrars of the above-mentioned courts.

THE JURISDICTION.

The jurisdiction of the District Court, whicn is a purely civil one, is limited as follows:

(a) IN RESPECT OF AMOUNT.

(1) The court has jurisdiction in personal actions limited to £200, whether on balance of account, or after an admitted setoff, or otherwise.

(2) And also in causes originally over £200, where the plaintiff, at the time of entering the plaint, abandons all claim to any excess over £200.

(3) And, by consent of both parties, the court may try any action which might be brought in the Supreme Court.

(6) IN RESPECT OF LOCALITY.

(1) The defendant may be sued in the court of the district where he resides.

(2) If defendant promises to pay a debt, etc., at a specified place, he may be sued in the court within the jurisdiction of which such place is.

(3) A debt, etc., having been incurred within the jurisdiction of one court by a person who becomes resident within the jurisdiction of another before the issue of a summons-such person may be sued in the court having jurisdiction where the liability

arose.

But, in the second and third instances, plaintiff may, at his option, proceed in the District Court of the place where defendant is, or has become, resident.

(c) IN RESPECT OF NATURE OF CLAIM.

(1) Questions of title to land, or as to the validity of any devise, bequest, or limitation under will or settlement, must not be in dispute;

(2) The court has no jurisdiction in actions for seduction.

But, if title to land should incidentally come in question, the court may decide the claim which it is the immediate object of the decision to enforce, but the judgment given will not be evidence of the title in any court.

(d) IN RESPECT OF RECOVERY OF TENEMENTS.

(I.) For Non-delivery of Possession.

The court is invested with jurisdiction where the land is let for any term of years or less interest, and the tenements be of any value or rental. Before an action can be brought (1) the tenancy must be determined;

may

(2) the tenant (or a sublessee, etc.), must be in actual occupation;

(3) such person must refuse or neglect to give up posses

sion.

(II.) For Non-payment of Rent.

'The following matters are essential to the action:

[ocr errors]

(1) the rent or yearly value of the premises must not exceed £200;

(2) the rent must be at least six months in arrear;
(3) the landlord must have the right of re-entry on non-
payment of rent.

(e) IN RESPECT OF REPLEVIN and Distress for Rent.

In such cases the jurisdiction of the District Court is limited to disputes arising between landlord and tenant, where the rent does not exceed £30 in amount or value.

APPEAL.

An appeal from the decision of the District Court Judge may be made to the Supreme Court sitting in Banco (i.e., to the Full Court) in any case where an amount exceeding £10 is involved. The grounds may be, dissatisfaction with the determination of the court in point of law, or that certain evidence has been improperly admitted or rejected. On the hearing of the appeal, the Supreme Court may dismiss same, order a new trial, or that judgment be entered for either party.

The appeal may be in the form of a case agreed on by the parties or their attorneys, or the judge if they cannot agree; or the judge may be asked to note any question of law raised, the facts relating thereto, and his decision thereon, etc., and in such case, a copy of such note is afterwards used to found a motion for a rule nisi.

A new trial may be ordered by the District Court Judge in every case in which the applicant can show reasonable grounds, and proceedings may be stayed meanwhile.

DEFAULT OR SPECIAL SUMMONS.

The above is the District Court substitute for the specially indorsed writ which issues out of the Supreme Court.

The following matters are essential in regard to a default

summons:

(1) The action must be for a debt or liquidated demand arising out of contract-express or implied;

(2) A statement of plaintiff's claim must be served with the summons;

(3) The summons must (if possible) be served personally; (4) The defendant (if he wishes to dispute the claim) must give written notice of his intention to defend the action, to the registrar within eight days after service of the summons, or within ten days-if he is not resident within the district from which the summons issued. But according to the wording of the Act, it seems the defendant may give such notice at any time before judgment is entered up.

« PreviousContinue »