The State Advances Act.-1895.

SCHEDULE C.

Covenants and Powers to be implied in Mortgage.

Covenants by the mortgagor

(a) To pay the land tax, and all rates, taxes, and outgoings which may be payable by the landlord or tenant in respect of the land or any part thereof:

(b) To keep insured, against loss or damage by fire, in the name and to the satisfaction of the bank, all buildings, erections, and improvements of an insurable nature on the land, and to deposit with the bank the policies of such insurance, and, within seven days after each premium becomes payable, the receipt for such premium :

(c) To keep all buildings, erections, and improvements on the land in good repair, order, and condition, to the satisfaction of the bank :

Powers to be implied in favor of the bank, without prejudice, however, to the bank's right of action upon the covenants

(d) If any half-yearly instalment shall be in arrear, wholly or in part, for twentyone days after the due date thereof, then, and in every such case, power to to enter into and distrain on the mortgaged land, or any part thereof, and dispose according to law of any distress found belonging to the mortgagor (except the tools and implements of his occupation and the necessary wearing apparel and bedding for himself and family, to a value of not. exceeding Twenty Pounds in the whole), to the intent that the moneys in arrear, and all costs and expenses occasioned by the non-payment thereof, may be fully paid:

(e) If any half-yearly instalment, or any other moneys payable by the mortgagor to the bank, shall be in arrear, wholly or in part, for forty days after the due date thereof, or if the mortgagor shall become insolvent, or execute any statutory assignment for the benefit of his creditors, then, and in every such

case

1. Power to enter into possession of and hold the mortgaged land, or any part
thereof, and take and receive the rents, profits, and income thereof until
the moneys in arrear, or accruing due during the period of such possession,
and all costs and expenses of or incidental to the entry or possession, or
occasioned by the non-payment of such moneys, have been fully paid;
and any such possession by the bank shall be without impeachment of

waste:

11. Power to sell, or lease for any term of years, the mortgaged land, or any
part thereof, by public auction or private contract, at such price or
rental, and subject to such conditions, as the bank may think expedient,
with power to convey, transfer, or lease to the purchaser or lessee in
like manner in all respects as if the land were vested in the bank; and
so that any such sale or demise may be subject or not to the existing
mortgage, and to the payment by the purchaser or lessee of the moneys
secured thereby :

The proceeds of any such sale or lease shall be applied-First, in payment
of all costs and expenses incidental to the exercise of the powers conferred
or to the recovery of the moneys in arrear; secondly, in payment of the
moneys in arrear; thirdly, in repayment of the principal moneys advanced,
or so much thereof as may be unpaid, unless the land shall be sold sub-
ject to the existing mortgage; and, fourthly, the surplus (if any) shall be
paid over to the mortgagor :

f) If the mortgagor shall make default in insuring or keeping insured the
mortgaged premises, or in delivering over any policy of insurance or premium
receipt, in accordance with his covenant in that behalf, the bank may effect
such insurance and pay all premiums necessary for keeping the same on
foot:

(g) If the mortgagor shall make default in paying any purchase-money, rates, taxes, or other outgoings payable in respect of the mortgaged land, or any part thereof, in accordance with his covenant in that behalf, the bank may pay the same. All moneys paid by the bank pursuant to this power, or the power conferred by the preceding paragraph (ƒ), shall be a debt due by the mortgagor to the bank, payable on demand, and until repaid shall carry interest at the rate of ten per centum per annum, and shall with such interest be deemed to be secured by the mortgage:

(h) No

Section 51.

Sections 54 and 55.

The State Advances Act.-1895.

(h) No notice or demand to the mortgagor shall be necessary prior to the exercise by the bank of any of the powers conferred in its favor:

(i) The bank may retain all deeds and documents of title to the mortgaged land until the due repayment of all moneys secured thereby.

SCHEDULE D.

Table of Half-yearly Repayments for every One Hundred Pounds, including Interest at Five per Centum per Annum, for various Periods.

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-
GESIMO NONO

VICTORIA REGINÆ.

A.D. 1895.

No. 634.

An Act to amend the Laws relating to Vermin.

[Assented to, December 20th, 1895.]

E it Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. In addition to the powers conferred upon Vermin Boards under the Vermin Districts Act, No. 597 of 1894, Boards may expend any portion of their rates in paying for the destruction of wild dogs or foxes on land which the Commissioner, by notice in the Government Gazette, shall declare to be sufficiently fenced by verminproof fencing. The Commissioner shall not declare any land to be sufficiently fenced with vermin-proof fencing unless he is satisfied that by vermin-proof fencing and natural or other boundaries or any one or more of such means the same is sufficiently protected against an influx of vermin.

Power to Vermin wild dog scalps.

Boards to pay for

years.

2. Loans to District Councils and Trusts and to Vermin Boards Loans to Boards to be under the said Act No. 597 of 1894, with the interest thereon, shall repaid in twenty be repaid in equal annual instalments extending over a period of twenty years instead of ten years as provided for in the said Act.

3. It shall be lawful for District Councils to expend any portion District Councils may of their rates in paying for the destruction of rabbits, wild dogs, rabbits, dogs, and pay for destruction of and foxes on unoccupied Crown or waste lands, reserves, or roads. foxes.

4. It shall be lawful for any District Council to declare an annual rate of not exceeding Three Pence in the Pound on all ratable

634

property

District Councils may destroying vermin

declare rate for

Vermin rates.

Declaration re sheep depastured.

Penalty on Corporations and District Councils failing to enforce suppression of rabbits.

Councils may form
Vermin Boards.

Vermin Districts Act Amendment Act.-1895.

property
in the district for the purpose of providing funds to pay
for the destruction of rabbits and foxes, and such rate may be
levied and recovered in the same manner as the general rate under
"The District Councils Act, 1887": Provided that land enclosed
with a vermin-proof fence, which in the opinion of the District
Council is erected and maintained in an effective manner, shall be
exempt from such rate.

5. It shall be lawful for any District Council to declare an annual rate of not exceeding Twenty Shillings per thousand on all sheep owned by any ratepayer and depasturing within the district for the purpose of providing funds to pay for the destruction of wild dogs, and such rate may be levied and recovered in the same manner as the general rate under "The District Councils Act, 1887."

6. For the purpose of ascertaining the sum to be paid by each ratepayer, every person in any district in which the council shall have declared a rate under clause 5 who shall be the owner of any sheep shall make a statutory declaration in the month of September in each year, setting out the average number of sheep he shall have had depasturing within the district during the previous twelve months, and the number so declared shall be the number on which the rate is levied.

7. If, after the expiration of three months after the coming into operation of this Act, any Municipal Corporation or District Council shall fail to strictly enforce the laws relating to the suppression and destruction of rabbits, any adjoining District Council or Municipal Corporation may give notice in writing of such default to the Commissioner of Crown Lands, and the Commissioner shall, immediately upon receipt of such notice, cause an inspection to be made of the municipality or district in respect of which the notice was given by a Government inspector, and by the mayor or chairman, and the vermin inspector of the complaining Municipal Corporation or District Council, and such Government inspector shall, after making such inspection, report to the Commissioner, and the Commissioner may, if he shall be satisfied that the complaint was well founded, give one month's notice to the Municipal Corporation or District Council to strictly enforce such laws; and any Municipal Corporation or District Council failing to comply with such notice shall be liable to a penalty of not less than Ten Pounds nor more than Fifty Pounds for a first offence, and not less than Fifty Pounds and not more than One Hundred Pounds for a second or subsequent offence, to be paid to the Treasurer for the general purposes of the Province.

8. Any two or more contiguous District Councils may, for the purpose of more effectively carrying out the provisions of all Acts dealing with the suppression of vermin, each nominate annually one of their members as a member of a Board to be called the Associated District Councils Vermin Board, and the members so nominated shall (unless they cease to be members of the council by which they were

nominated,

Vermin Districts Act Amendment Act.-1895.

nominated, or resign their seats on the Board) continue in office for one year from the date of the proclamation of such Board, and the Governor may by Proclamation in the Government Gazette declare the formation of any such District Councils Vermin Board, the names and residences of the members thereof, and the boundaries and limits of District Councils under their control.

Boards.

9. When any such District Councils Vermin Board is so Power of Vermin nominated and duly proclaimed, all the powers given to District Councils by any Act relating to the destruction of vermin within the boundaries of District Councils shall be vested in such Vermin Board, and they shall be empowered to engage an inspector or inspectors and expend such moneys as may be appropriated from its rates by each of the Associated District Councils for the purposes of such District Councils Vermin Board, and generally to undertake such duties and exercise such powers and rights as are conferred by District Councils under any Act dealing with the suppression of vermin. Contributions by all Associated District Councils towards the expenditure incurred by the Associated District Councils Vermin Board shall be made pro rata according to the assessment of such District Councils.

Board.

10. When any member so nominated shall cease to be a member Resignation of of the District Council by which he was nominated as a member of member of Vermin the Board, or shall resign, his seat thereon shall be declared to be vacated, and a new nomination by such District Council shall be made: Provided, however, that each of such Associated District Council Vermin Boards shall only continue in existence for three years from the date of the proclamation of such Board, unless the Governor by Proclamation in the Government Gazette declares that any such Board shall be continued for a further period from time to time, in which case a fresh nomination of members shall take place as herein before provided.

11. The provisions of Part VI. of the District Councils Act, 419 of 1887, relating to the conduct of meetings of the Council, shall, so far as they are applicable thereto, regulate the meetings of any Associated District Councils Vermin Board.

Part VI., District applicable to Vermin Boards.

Councils Act,

12. Section 9 of Act 597 of 1894 is hereby amended by adding Amendment of sec. 9 the word " or " after the word "provided " in the third line.

of Act of 1894.

Boards

13. Section 41 of Act 597 of 1894 is hereby amended by pro- Voting power for viding that every person entitled to vote at any election for a Vermin Board may, subject to conditions provided in this section, give one vote for every fifty square miles or fractional part of fifty square miles of ratable property up to two hundred square miles, and one additional vote for every two hundred square miles or fractional part of two hundred square miles over the first two hundred square miles. This provision shall also apply to joint tenants and tenants in common.

14. Sections