A.D. 1898. Board may take proceedings in superior Court nusiances. Metropolitan Drainage. thereof in respect of any proceedings instituted by the Board or such Officer against any person for any breach of this Act, or any Order or By-law made hereunder, or for the recovery of any expenses incurred under this Act. 77 Notwithstanding anything herein before contained, the Board may, if in their opinion summary proceedings would afford an for abatement of inadequate remedy, cause any proceedings to be taken against any person in any Superior Court of law or equity to enforce compliance with any order given under this Act, or for the recovery of any penalties or expenses from, or for the punishment of any persons offending against the provisions of this Act, and may order the expenses of and incident to all such proceedings to be paid out of the fund or rate applicable to General Expenses under this Act. 38 & 39 Vict. c. 55. 78 Where anything is by this Act or by any order, notice, direction, or By-law of the Board made under the authority of this Act, directed to be done or forbidden to be done, or where any authority is given to the Board or any officer of it, or to Justices, to direct anything to be done or to forbid anything to be done, and such act so directed to be done remains undone, or such act so forbidden to be done is done, in every such case the person making default as to such direction and prohibition respectively shall be deemed guilty of an offence against this Act. And every person guilty of an offence against this Act not otherwise specially provided for by or under the authority hereof shall be liable, for every such offence, besides any costs or expenses which may be incurred in the taking of proceedings against such person guilty of such offence, as well as any costs or expenses which may be incurred in remedying such default as particularly provided for in this Act, to a penalty not exceeding the sum of Twenty Pounds, and to a penalty not exceeding Five Pounds nor less than One Shilling for each day during which such offence is continued by such person; and such penalty or penalties shall be recoverable notwithstanding that the Board may not have chosen to exercise any power given to it by this Act to remedy such default. 79 Whenever any penalty, forfeiture, costs, expenses, or other payment has been imposed, directed, or awarded to be paid under the provisions of this Act, and the person convicted or against whom an Order for the payment of such penalty, forfeiture, costs, expenses, or other payment has been made, does not pay the same within such time as the Justices or Court by whom the same has been imposed, directed, or awarded, direct, such Justices or Court may order that the same be levied by distress and sale of the goods and chattels of such person; but no person shall be imprisoned for any term whatever for nonpayment of any such penalty, forfeiture, costs, or expenses as aforesaid. 80 No action shall lie against any person for anything done in pursuance of this Act unless notice in writing of such action, and of the cause thereof, is given to the Defendant One Month at least before the commencement of the action, and such action is commenced within Six Months after the cause of action has accrued; and in any such action the Defendant may plead the general issue, and give this Act and the special matter in evidence; and no Plaintiff shall recover in any such action if payment of sufficient amends has been made before such Metropolitan Drainage. action brought, or if a sufficient sum of money has been paid into Court A.D. 1898. by or on behalf of the Defendant after such action brought, together with the costs incurred up to that time; and if a verdict passes for the Defendant, or if the Plaintiff becomes nonsuit or discontinues such action, or if upon demurrer or otherwise judgment is given against the Plaintiff, the Defendant shall recover his full costs as between attorney and client, and have the like remedy for recovering the same as any Defendant has by Law in other cases; and though a verdict is given for the Plaintiff in any such action, such Plaintiff shall not have costs against the Defendant unless the Judge before whom the case is tried certifies his approbation of the action, and the verdict obtained thereupon. 81 Except where it is herein otherwise expressly directed, the Application of moneys arising from fines, penalties, and forfeitures imposed by this penalties. Act shall when recovered be paid to the Board and applied towards 38 & 39 Vict. defraying the expenses of carrying this Act into execution in such manner as the Board directs. c. 55, s. 254. of Local 82 No Justice of the Peace shall be deemed to be incapable of Justices may act acting in cases arising under this Act by reason of his being a member though members of any Local Authority, or by reason of his being as one of several Authority. ratepayers, or as one of any other class of persons liable, in common 1b., s. 258. with the others, to contribute to or be benefited by any rate or fund out of which any expenses incurred by the Board are under this Act to be defrayed. 83 "The Metropolitan Drainage Act, 1891," and "The Metro- Repeal. politan Drainage Act, 1892," are hereby repealed; but such repeal shall not affect anything duly done under the said Acts respectively, or any liability accrued or accruing thereunder on the day on which this Act comes into operation, and, excepting so far as there is anything in this Act inconsistent therewith, this Act shall apply to all matters and things done under the said Acts and of any force or effect on the date on which this Act comes into operation; and the Members of the Continuation of Board constituted under "The Metropolitan Drainage Act, 1892," who present Board. are in office on the day on which this Act comes into operation shall be the Board under this Act until a Board is constituted under this Act as hereinbefore provided. and "The 84 The Board constituted under this Act may and shall do all things necessary for continuing and giving effect to everything duly done under "The Metropolitan Drainage Act, 1891," and Metropolitan Drainage Act, 1892," and in force on the day on which this Act comes into operation, and for enforcing payment of all debts and liabilities accrued or accruing under the said Acts respectively. All the property and rights of the Board constituted under "The Metropolitan Drainage Act, 1892," shall pass to and enure for the benefit of the Board to be constituted under this Act. Board may Metropolitan Drainage. A.D. 1898. Section 5. SCHEDULE. BOUNDARIES OF METROPOLITAN DRAINAGE AREA. Commencing at the outfall of the Wellington Rivulet into the estuary of the Derwent, and going up the centre of that rivulet to the north-eastern boundary of land belonging to the Corporation of Hobart at the Waterworks, thence northerly and westerly along the boundary of such land to the north-eastern boundary of 2000 acres of land granted to P. Degraves, thence northerly along the said boundary to the Huon Road, thence north-westerly across the said land to a point on the Guy Fawkes Rivulet where the prolongation southward of the western boundary of the Town of Mount Stuart would cross the said rivulet, thence along the said prolongation and part of the western and northern boundaries of the Town of Mount Stuart to the point where the said western boundary is crossed by the northern boundary of lands known as Mount Tor belonging to the estate of the late F. M. Innes, thence eastward along the northern boundary of Mount Tor and part of the eastern boundary thereof to the Mount Stuart Road, thence along the centre of the said road to a point where it would meet the prolongation of the line of the western fence of the garden of A. Strathern, thence along the line of the said prolongation and the said western fence to the northern fence of the said A. Strathern's property, thence eastwards along the said northern fence to a road or street running from Mount Stuart Road northwards to a road or street set out by H. Benjafield, thence northwards and eastwards along the centre line of both these roads or streets to the centre of Upper Mellifont-street, thence northwards along the centre line of the said street and its prolongation to the north boundary of the Town of Mount Stuart, thence along the said northern boundary to the point where it meets the northern boundary of land belonging to C. E. Davies, thence by a straight line northerly to the southern corner of the junction of the Main Road and Commercial-street, thence across the said street and by the western boundary of land belonging to the Trustees of the Friends' School to Lord-street, thence along the centre line of Lord-street to Wilsonstreet, thence along the centre line of Wilson-street north-easterly to a point opposite to the south-western boundary of land belonging to Kennedy, thence along the lastmentioned boundary and its prolongation to the western corner of land belonging to Frederick H. Pender, thence along the north-western boundary of the last-mentioned land to Argyle-street, thence along the centre line of Argyle-street to George-street and the centre line of George-street to a point opposite the southern boundary of land belonging to J. Dear, thence along the last-mentioned boundary to Stoke-street, thence along the centre line of Stoke-street to the Queen's Domain, thence along the boundary of the said Domain north-westerly, northerly, and north-easterly to the estuary of the Derwent, thence along the shore of the said estuary to the point of commencement. WILLIAM GRAHAME, AN ACT to make better provision for the A.D. 1898. relating to the appointment and regulation of the Police Force of Tasmania: Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited for all purposes as "The Police Regulation Short title. Act, 1898." 2 This Act shall come into operation and take effect on and after the Commencement of First day of January, 1899. Act. Acts. Schedule (1.) 3 On and after the day on which this Act comes into operation and Repeal of existing takes effect the Acts set forth in Schedule (1.) shall be and they are hereby repealed: Provided that such repeal shall not affect(1.) Anything done before this Act comes into operation and takes effect: (2.) Any liability accruing before this Act comes into operation and takes effect: (3.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation and takes effect : A.D. 1898. Existing Rules, &c., continued. Interpretation. "The Police Force." "Member of the Police Force." "Minister." "Commissioner." Division of Act. Police Regulation. (4.) The institution of any legal proceeding or any other remedy for enforcing or recovering any such liability, penalty, forfeiture, or punishment as aforesaid. 4 All Rules, Orders, or Regulations made under the provisions of any Act hereby repealed, and of any force and effect upon the date on which this Act comes into operation, shall, notwithstanding such repeal, continue in full force and effect, and shall for all purposes be deemed to have been made under the provisions of this Act, until the same are altered or repealed under this Act. 5 In this Act, unless the context otherwise determines- "Member of the Police Force" shall apply to every person "Minister" means the Responsible Minister of the Crown for the time being administering this Act: "Commissioner" means the Commissioner of Police in and for Tasmania. Districts may be proclaimed. Commissioner of Acting Commissioner. Superintendents and other Officers. PART I. APPOINTMENTS. 7 The Governor in Council may, from time to time, by Proclamation published in the Gazette, declare any portion of Tasmania as and to be a District for the purposes of this Act. Com8 The Governor in Council may from time to time appoint missioner of Police, who shall, under the direction of the Minister, and subject to the provisions of this Act, have the control and superintendence of the Police Force of Tasmania. 9 The Governor in Council may, when circumstances so require, appoint a person to act in the place of the Commissioner, and such Acting Commissioner shall have all the powers conferred, and be subject to the duties imposed, by this Act upon the Commissioner. 10 The Governor in Council may from time to time appoint so many Superintendents, Inspectors, Sub-Inspectors, and other Officers of Police as he may deem necessary, and may from time to time assign any such Superintendent, Inspector, Sub-Inspector, or other Officer to any such District as aforesaid." |