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prevention of accident.

19. In every sparrow district payment may be made by the local
authority for sparrows and sparrows' eggs collected and destroyed
within such district, and produced to an officer appointed by such
authority.

^^^ may be re- 20« Every proceeding in respect of any offence against this Act
in a Bummary ^^^ ^^ ^^^ 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 any officer under this Act.



an<



it for birds



Application of No. 6
of 1



^1850.



Appeal to Local Court
from order made by
Jtutioes.



21. The proceedings before Justices shall be conducted as ap-
pointed 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 sum-
mary convictions and orders," or of any other Act for the time being
relating to the duties of Justices of the Peace with respect to
summary convictions and orders.

22. There shall be an appeal from any conviction by Justices for
any offence against this Act, or from any order dismissing an infor-
mation under this Act, which appeal shall be to the Local Court of
Full Jurisdiction nearest to the place where the conviction or order
appealed from was made ; and the proceedings on such appeal shall

be



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52° & 53"^ VICTORIA, No. 467. 5

The Sparrow Destruction Act. — 1889.

be conducted in manner appointed by the said Ordinance, No. 6 of
1850, for appeals to Local Courts.

2d« It shall be lawful for the Local Ciourt, upon the hearing of Local Cout may eut«
any appeal under the last preceding section, to state one or more supiwe^^Srt.^
specisd 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 may 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 stating the special case,
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 a&
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.

24« All actions against any officer, or other person acting in the Pxoteetion to officers
execution of this Act, for anything done in pursuance of this Act "^^of^Act.
shall be commenced within one month after the happening of the
cause of action, and not otherwise ; and notice in writing of such
action, and of the cause thereof, shall be given to the defendant four-
teen days at least before the commencement of the action, and the
defendant in any such action may plead the general issue, and give
this Act and the special matter in evidence at the trial ; and the
plaintiff shall not recover in such action if tender of sufficient
amends shall have been made before action brought, or if after
action brought the defendant shall pay into court sufficient amends ;
but in such last-mentioned case the plaintiff shall recover his costs
of suit up to the time of payment into court, and if the defendant
shall obtain a verdict, or the plaintiff become nonsuit or discon-
tinue, or the defendant shall otherwise recover judgment, he shall
recover full costs as between attorney and client upon such judg-
ment.

25« All fines imposed for any offence against this Act, or any yvm,
by-law to be made thereunder, shall be receivable by the local
authority of the district in which such offence shall have been
committed.

26« This Act shall not apply to any sparrow other than that interpratation.
known as the common house sparrow (passer domesticus).

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.

KINTORE, Governor.



Adelaide : By Authority, H. F. T.»apib, GKyremment Printer, North-terrace.
B— 467.



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ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-
GESIMO TERTIO

VICTORIJE REGIN^.

A.D. 1889.

No. 468.

An Act to give greater security to Holders of Bank
Notes, and for other purposes.

\Assented to, December 6th, i88g7[

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

1. This Act may be cited for all purposes as '* The Bank Notes short tiUe.
Security Act, 1889."

2« In the interpretation of this Act the following terms shall interpretation.
have the following meanings: —

^^Bank" shall mean all companies and corporations carrying
on the business of banking in South Australia, either alone
or jointly with any other business:

" Bank Note" or " Note" shall mean all notes issued by any
Bank, and payable on demand in South Australia :

" General Assets" shall mean the funds available in South Aus-
tralia for payment of the general creditors, as well as the
noteholders of any Bank.

3. In the event of any Bank being wound up, the payment of all Notef a fint charge
notes issued by such Bank shall be a first charge upon the general ^ *■■**■•
assets of such Bank.

4^ If any banking company, firm, or individual banker, or any J^Y ^^,
p^pn9op| on behalf of such company, firm, or banker, otherwise thannotea. ®^*"^®"
}fi the ordinary course of business, issue or deal with, or ^.uthorise

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52" & 53'' VICTORIA, No. 468.
The Bank Notes Security ^cf.— 1889.



or cause to be issued and dealt with, any notes oi such company,
firm, or banker, which if issued and dealt with in the ordinary
course of business would have any priority under the provisions of
this Act, with a view to give any priority in the event of such
company being wound up or such firm or baiiker being insolvent or
bankrupt, or to secure any debt or liability incurred or to be
incurred by such company, firm, or banker, every person so issuing,
dealing with, authorising or causing to be issued or dealt veith, such
notes, shall be guilty of a misdemeanor, and on conviction thereof
shall be liable to be imprisoned for any time not exceeding two
years, with or without hard labor ; and any such notes so issued or
dealt with, not being in the hands of a bond fide holder thereof for
value, veithout notice that the same were so issued or dealt widi,
shall be void.

Penai^ on bank 5« If any banking company publishes by advertisement any

£d^&S^5^ statement of the amount of its capital which is misleading, or in
capital. which the amount of nominal or authorised capital is stated veithout

the words "nominal," or "authorised," or words to the like effect,
so as to show that the amount of capital stated is only nominal or
authorised, or in which the amount of nominal, or authorised, or
subscribed capital is stated, but the amount of the paid-up capital is
not stated, every such company, for every such offence, shall be
liable to a penalty of not more than Five Hundred Founds, to be
recoverable, with full costs of suit, by any person who may sue for
the same.



In the name and on behalf of Her Majesty, I hereby assent to
this Bill.

KINTORE, Governor.



Adelaide : By authority, H. F. Lbaobb, Goyeroment Printer, North-terraoe.



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ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-
GESIMO TERTIO

VICTORIA REGINJE.

AJ). 1889.

No. 469.

An Act to alter the Hours of Voting at Parliamentary

Elections.

[Assented to, December 6th, i88g.']

BE it Enacted by the Governor of the Province of South Aus-
tralia, with the advice and consent of the Legislative Council
and House of Assembly of the said Province, in this present Parlia-
ment assembled, as follows, that is to say :

1. At all elections of members to serve in the Parliament of AJtemtion of hour
South Australia, the polling-booths shall be open to the public and d^J^i^^twthi
to voters at eight o'clock in the forenoon, and shall continue so

open until all the votes of electors present in the polling-booth at
the hour of seven o'clock in the evening shall have been taken, and
shall then finally close.

2, This Act shall be incorporated with "The Electoral Act, 1879," inooiporatioii.
and the Acts amending the same, which shall hereinafter be read

and construed as if the hours for the opening and closing of polling-
booths fixed by this Act were fixed by the said Acts.



In the name and on behalf of Her Majesty, I hereby assent to
this BiU.

KINTORE, Governor.



Adelaide : By authoritj, H. F. Lbadbb, GoTemment Printer, North-teiraoe.
469



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ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-

GESIMO TERTIO

VICTORIJE REGIN^.

A.D. 1889.

No. 470.

An Act for the Further Appropriation of the Revenue for
the Year ended June thirtieth, one thousand eight
hundred and eighty-nine, and for the General
Appropriation of the Revenue for the Year end-
ing June thirtieth, one thousand eight hundred
and ninety.

[/Assented to, December 6th, i88g^
TTTHEREAS by the laws relating to the Customs and Trade Preamble.
IT and other Acts and Ordinances of the Province of South
Australia, certain duties, fines, and other moneys are or may be
imposed, levied, and collected, to be paid to the Treasurer on behalf
of Her Majesty, Her heirs and successors, for the public uses of the
said province and support of the Government thereof — Be it there-
fore 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. Out of the said duties, and the produce of all or any other the Appropriation of
General Public Revenues of the said province, not otherwise by law ®°®"^ Revenue,
specially appropriated, there shall or may be further issued and
applied, in the manner hereinafter mentioned, any sums of money
not exceeding in amount respectively the several sums of money
hereinafter specified, that is to say —

Firstly. — For defraying the Excess of Expenditure for the ExoewM on Votet,
Government Establishments and Public Services beyond the Grant ^®®^^-
for the year ended the thirtieth day of June, one thousand eight
hundred and eighty-nine, there shall be paid the sum of Twenty-five
A— 470. Thousand



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52° & 53° VICTORIA, No. 470.
The Appropriation Act. — 1889.

Thousand Six Hundred and Fifty-six Pounds Seventeen Shillings

and Ninepence, the said amount being appropriated as foUows, viz. : —

£ 5. d.

The Legislature . . . . , 738 14 4

Chief Secretary 18,276 15 5

Attorney-General 222 8

Treasurer , . . 1,702 8 5

Commissioner of Crown Lands and Immigration 2,838 1

Commissioner of Public Works 6,879 11 6

Total Excesses on Votes, 1888-9 £25,666 17 9



Estimates, 1889-90. SECONDLY. — For defraying the charge of the Colonial Govern-
ment for the year ending the thirtieth day of June, one thousand
eight hundred and ninety, there shall be paid the sum of One
Million Five Hundred and Sixty-seven Thousand Five Hundred
and Seventeen Pounds^ the said amount being appropriated as
follows, viz.: — £ t. d.

Legislative Council . . . r * 1,985

House of Assembly 3,640

Parliamentary Library . . , , 910

Office-keeper and Caterer, Parliament House 920

Legislature Generally 10,866

Private Secretary 2,588

Office of Chief Secretary 785

Government Offices, King William-street 718

Audit 3,941

Sheriff 1,290

Hegistrar-General of Births, Deaths, and Marriages . . . . 2,867

Printing and Stationery Offices 20,267

Police 83,509

Gaols and Prisons 15,904

Medical Officers 2,840

Hospitals 18,733

Lunatic Asylums 22,309

Destitute Board 21,144

State Children's Council 10,78»

Central Board of Health 1,457

Quarantine 820

Defences 64,227

Retiring Allowances and Gratuities 12,107

Miscellaneous*. .. 19,711

Law Officers 2,974

Patent and Copyright 540

Public Trustee 610

Supreme Court 5,885

Court of Insolvency 2,566

Magistrates and Local Courts :

. Adelaide Local and Police Courts 3,977

Country Local Courts 9,455

Local Courts of Insolvency . , . . , 500

Licensing Benches 225

Coroners 1,060

Registrar-General of Deeds 7,099

Miscellaneous 300

Treasury 3,706

Agent-General in England . . 6,908

Land and Income Tax Department . . . • 4,824

Stamp Duty Department 684

Customs 21,419

Marine Board 16,292 Ot

Interest



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52° & 53' VICTORIA, No. 470. ^

The Appropriation Act — 1889.

£ s. d.

Interest and Exchange 10(1

Miscellaneous 610

Office of Commissioner of Crown Lands and Immigration . . 1,615

Stock Inspectors 2,662

Botanic Garden r 6,300

Woods and Forests 8,690

Agricultural Bureau 650

Agricultural College and Experimental Farm, Roseworthy. , 3,280

Cemeteries 924

Aborigines 5,104

Survey 34,081

Credit Lands Department . . , 2,574

Geological Department 1,150

Mines Department 1,931

Roads Department 800

Tublic Works 100,200

MisceUaneous 18,251

Office of Commissioner of Public Works 1,390

Government Offices, Victoria-square . . . . 795

Engineer-in-Chief .. 34,818

Works and Buildings Department 3,100

Railways and Tramways 564,593

Comptroller of Stores* Department 835

PubUc Works 58,447

Miscellaneous , . . • 126

Office of Minister of Education and of the Northern

Territory 1,339

Education Department 107,633

Public Library, Museum, Art Gallery, and Institutes. . . . 13,315

Post Offices and Telegraphs 182,367

Miscellaneous 7,699



Total Estimates, 1889-90 £1,567,517

Thirdly.— For further defraying the charge of the Colonial SStSJ^'JI^Q^o.^^"
Government for the year ending the thirtieth day of June, one

thousand eight hundred and ninety, there shall be paid the sura
of Fifteen Thousand Five Hundred and Thirty-four Pounds, the
said amount being appropriated as follows, viz. : —

£ s. d.

The Legislature 250

Chief Secretary 7,630

Attorney-General 350

Treasurer 233

Commissioner of Crown Lands and Immigration . . . , 5,828

Commissioner of Public Works 942

Minister of Education and of the Northern Territory . , 301



Total Supplementary Estimates, 1889-90 , . £15,534

Fourthly. — For defraying the Excess of Expenditure for the Excesses on Votes,
Government Establishments and Public Services of the Northern fss^g"^ ^^"^*^'^'
Territory beyond the Grants for the year ended the thirtieth day
of June, one thousand eight hundred and eighty-nine, there shall
be paid the sum of Twenty-two Thousand Seven Hundred and Sixteen

Pounds



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52^ & 53' VICTORIiC, No. 470.
The Appropriation Act. — 1889.

Pounds Fourteen Shillings and Sevenpence, the said amount being

appropriated as follows, viz. —

£ «. d.

QoYemment Resident 24 7 7

Gaol 57 18 8

Charitable Institutions 1,066 12 4

Law Officers 204 9 11

Customs 180 18 2

Botanic Garden 073

Survey 213 15

Goldfields 14 4 9

Education 27 10 11

Public Works 135 1 8

Retiring Allowances and Gratuities 43 10 10

Miscellaneous .. .. 1,748 7 10

Adjustment of Accounts between South Australia and
Northern Territory, vide Agreement dated June 30th,
1888, and Special Report No. 2 of the Commissioners
of Audit for the year ended June 30th, 1888, Balance

due to South Australia 18,999 9 8

Total Excesses on Votes, Northern Territory, 1888-9.. £22,716 14 7



Northern Territory FIFTHLY. — For defraying the charge of the Northern Territory

ErtimateB, 1889-90. fQj. ^q y^^r ending the thirtieth day of June, one thousand eight
hundred and ninety, there shall be paid out of the Northern
Territory Revenues the sum of Fifty-six Thousand Four Hundred
and Ninety-three Pounds Fifteen Shillings, the said amount being
appropriated as follows, viz. : —

£ «. d.

Government Resident 2,980 15

Police 9,088 18

Gaol .. 2,060 15

Charitable Institutions 4,109 15

Law Officers 2,004 10

Customs and Marine 4,053 1 8

Stock Inspectors 210

Botanic Garden 1,272 15

Survey 1,742 5 4

Goldfields 857 15

Education 210

Postal 4,100

Railways and Tramways — Palmerston and Pine Creek Lino 17,217

Public Works 3,905

Retiring Allowances and Gratuities 20 5

Miscellaneous . . • • 2,850

Total Northern Territory Estimates, 1889-90 . . £56,493 15

S^S^oSv^o?* 2. The Treasurer shall issue and pay, from time to time, any sum
and discharge by ' or sums of mouey for the purposes hereinbefore mentioned, not
receipt of party. exceeding in the whole the sums respectively in that behalf herein-
before specified, to such persons and in such portions as the
Governor for the time being shall, by any order or orders in
vmting signed by him and countersigned by the Chief Secretary,
from time to time direct ; and the said Treasurer shall, in his
accounts, be allowed credit for all sums paid by him in pursuance of

such



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52° & SS"" VICTORIA, No. 470.

2he Appropriation Act — 1889.

such orders accordingly ; and the receipts of the persons to whom
such sums shall have been so paid shall be to him a full discharge
for the sum or sums for which the same receipts shall have been
respectively given^ and the amounts thereof shall be passed to his
credit in account accordingly.



In the name and on behalf of Her Majesty, I hereby assent to
this Bill.

KINTORE, Governor.



Adelaide : By authority, H. F. Lsaobb, GoTemment Printer, North-terraoe.
B— 470.



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ANNO QUINQUAGESIMO SECUNDO ET QUINQUA-

GESIMO TERTIO

VICTORItE regin^.

A.D. 1889.
No. 471.

An Act to amend the *' Medical Act, 1880."

\^Assented to, December 6th, i88g.'\

WHEREAS it is desirable to amend the '• Medical Act, 1880 '*— Prtambie.
Be it therefore 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. This Act may be cited for all purposes as ** The Medical Act short title and in-
Amendment Act, 1889," and, except so far as inconsistent therewith, corporation,
shall be incorporated and read as one with the Ordinance No. 17 of

1844, and the '' Medical Act, 1880."

2. The Schedule to the "Medical Act, 1880," is hereby repealed, Eeneai of Schedule of
and the said Act is hereby amended, and shall be read and con- "Medical Act, i88o.'»
strued as if the qualifications mentioned in the Schedule hereto had

been inserted in the said Schedule to the said "Medical Act, 1880,"
in lieu of the qualifications therein set forth.

3. Any person who shaU falsely pretend to be a legaUy Penalty for fai«e
qualified medical practitioner, or who shall use any spurious diploma '»pro«'^t**ion.
or falsely pretend to have or use any diploma as physician, doctor

of medicine, licentiate of medicine or surgery, bachelor of medicine,
or any other name or title other than that to which such person is
actually entitled, or other than that which shall have been h(md
fide granted to him, shall, on conviction, for every such offence
forfeit and pay a sum not exceeding Fifty Pounds: Provided that
any person who has heretofore practised medicine or surgery
continuously in South Australia for a term of five years shall

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_J



52^ & 53"" VICTORIA, No. 471-



The Medical Act Amendment Act. — 1889.



Pablicatiaii of
practitionan by
medical board.



not be liable to any penalties under this section by reason only of
his using, or continuing to use, the title of doctor.

4. The names and qualifications of all legally qualified medical
practitioners, together with the dates at wluch their qualifications
may respectively have been obtained, and the dates of registration
of such medical practitioners respectively, shall, on registration, and
in the month of January in each year, be published by the Medical
Board in the Government Gazette.



Certificate of death.



If o burial without
oertifl ate.



Uncertified deaths.



Exemption.



Certificates may be
cancelled.



Examination of
witness by board.



5. (a) No medical certificate of the cause of death shall be issued
for the purposes of "The Registration of Births and
Deaths Act of 1874" except by a legally qualified
medical practitioner:

(6) No burial of any deceased person shall take place without
a certificate of the cause of death under the hand of a
legally qualified medical practitioner, or an order for
burial signed by a coroner of the said province within
the meaning of •' The Coroners Act, 1884 " :

(c) For the purposes of the said Act, all deaths not certified
as in the preceding subsection mentioned shall be deemed
and considered to be uncertified deaths :

This section shall not apply to any person who has heretofore
practised as a surgeon, physician, or medical practitioner in the
Province of South Australia for a period of five years prior to the
passing of this Act, nor to places where there is no legally qualified
medic£d practitioner or coroner of the said province as aforesaid,
residing within a distance of five miles.

6« If any legally qualified medical practitioner shall be convicted
of any felony or misdemeanor, or be deprived of his qualifications
by the college or body which may have granted the same, the
Medical Board may, if they see fit, cancel or suspend the certificate
of such practitioner, and such practitioner shall, upon the can-
cellation or during the suspension of his certificate, cease to be a
legally qualified medical practitioner.

7. The Board may question any person who may attend before
them, and any witness who may be produced before them, and may
take a solemn declaration from such person or witness ; and if any
person shall wilfully, knowingly, and corruptly make any false
statement upon such examination or in such declaration, or shall
utter or attempt to utter or put off as true before them any false,
forged, or counterfeit degree, diploma, testimonium, licence,
certificate, or other document, or shall wilfully procure or attempt
to procure himself to be registered by making or producing, or
causing to be made or produced, any false or fraudulent represen-
tation or declaration, either orally or in writing, every such person
so offending, and every person aiding and assisting him therein,
shall be deemed guilty of a misdemeanor, and shall, on conviction

thereof.
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S^"" & 53° VICTORIA, No. 471.

The Medical Act Amendment Act. — 1889,

thereof, be sentenced to be imprisoned for any term not exceeding Penalty,
three years, and the registration so fraudulently procured shall be
cancelled.

8« Any person who, previously to the passing of this Act, shall ^^ of exiiting
have received from the Medical Board a certificate of his being a ^
legally qualified medical practitioner, shall be deemed a leg^ly
qualified medical practitioner for all the purposes of this Act.

In the name and on behalf of Her Majesty, I hereby assent to this
BiU.

KINTORE, Governor.



SCHEDULE.

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52" & SS"" VICTORIA, No. 471.



The Medical Act Amendment Act. — 1889.



SCHEDULE.



1 . Any qualification entitling the holder to be registered in the United Kingdom
under the Act of the Imperial Parliament of the United Kingdom of Great Britain
and Ireland, passed in the 2l8t and 22nd years of the reign of Her Majesty Queen
Victoria, chapter 90, and any Acts amending the same.

2. Doctor or bachelor of medicine, or holder of a medical degree of any university
in Australasia legally authorised and empowered to grant such degree.

3. The holder of any medical degree, diploma, or licence to practise, granted by
any university, college, or licensing body of any British colony or possession or by
any foreign university, college, or licensing body, and which, in the opinion of the
Medical Board, is equal to the qualification entitling the holder to be registered in
the United Kingdom under the said Act of the Imperial Parliament of Uie United
Kingdom of Great Britain and Ireland, passed in the 21st and 22nd years of the



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