Volume 74 Item 10: Sir William Macarthur papers relating to vine diseases, 1855?, 1885-1888: No. 83

VINE DISEASES.                           3

50 VICTORIA,
NO. 23.

as hereinbefore provided such person shall be liable to a penalty not exceeding fifty pounds and any vines so planted shall be rooted up and destroyed as in the case of a vineyard reported to be diseased within the meaning of section four of this Act without compensation to the owner thereof and the cost of rooting up and destroying the same may be recovered in a summary way from such owner or from the person who planted such vines as a penalty under this Act is recoverable.

Penalty on person wilfully obstructing. 

     10. Whosoever shall wilfully obstruct any person lawfully acting in the execution of this Act shall forfeit and pay for every such offence any sum not exceeding ten pounds. 

Summary jurisdiction.

     11. All informations for offences against this Act may be heard and determined and all penalties under this Act may be imposed by any Stipendiary or Police Magistrate or two or more Justices in a summary way  Provided always that any person aggrieved by any adjudication of such Magistrate or Justices may appeal therefrom to the next Court of General Sessions held within the district where the adjudication was had or nearest thereto   And such appeal and the parties thereto shall be governed by the provisions regulating appeals contained in sections four hundred and forty–four hundred and forty-one–four hundred and forty-two–and four hundred and forty-three of the "Criminal Law Amendment Act of 1883."

Regulations.
     12. The Governor may make Regulations to provide for the proper destruction of vines for the manner of giving effect to the abatement of rent and of modifying the covenants or agreements in any lease as also for the manner of giving effect to any declaration of cancellation of such lease and all such Regulations when published in the Gazette shall have the force of law. 

Duration of act
     13. This Act shall remain in force for the period of three years from the first of January one thousand eight hundred and eighty-seven.

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Sydney : Charles Potter, Government Printer.–1887.

[3d.]