191
PUBLIC RECORD OFFICE
Reference -
LLC.O. 885
וווןןןן
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
94
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
AUSTRALIAN commencement of the action. And in any such action the defendant may plead the COLONIES. general issue, and give this Act and the special matter in evidence, at any trial to be had
thereupon.
General isque.
Preamble.
Repeal of xisting Act.
tion.
Interprets-
Pounia may
Passed the Legislative Council, this fifteenth day of November, One thousand eight
hundred and fifty-four. WM. MACPHERSON, Clerk of the Council.
CHARLES NICHOLSON, Speaker.
In the name and on the behalf of Her Majesty, I assent to this Act. CHS, A. FITZ ROY, Govt. House, Sydney, 29th November, 1854.
Governor-General.
ANNO VICESIMO NONO VICTORIE REGINE.
No. II.
As Acr to regulate the Impounding of Live Stock.
[20th June, 1865.] WHEREAS it is expedient to make better provision for the Impounding of Live Stock Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
1. The Act nineteenth Victoria, number thirty-six, being the "Impounding Act of "1855, is hereby repealed.
2. For the purposes of this Act the following terms in inverted commas shall, unless the context otherwise indicate, bear the meanings set against them respectively—
"Cattle "-Bulls, cows, oxen, heifers, steers, and calves.
1
Horses"-Horses, mares, geldings, colts and fillies, asses, mules, and foals. "Sheep"-Rams, ewes, wethers, and lambs.
"Animal "-Cattle, horses, sheep, goats, and swine, whether one or more. "Poundkeeper' -Any person having the authorized charge of any public pound. † "Sufficient fence"-Such a fence, or other means of enclosure, natural or artificial, as the Petty Sessions shall deem to be sufficient to prevent trespass by animals ordinarily controllable.
"Justice"-Any Justice of the Peace.
"Petty Sessions "--The Justices assembled at a Court of Petty Sessions. "Occupant "—Any owner or occupier of land, under whatever tenure, or any superintendent, overseer, or other duly authorized person acting for and on behalf of any such occupant.
"Owner"-Any proprietor of animals, or any agent, or overseer, of any such
proprietor.
"Minister"-The Minister for the time being administering this Act.
3. The Minister may, on the recommendation of the Court of Petty Sessions of any be established district, by notice in the Gazette, fix upon and determine convenient places in such
districts for establishing public pounds.
Poundkeepers to be appointed
rily.
f. To every such pound there shall be a poundkeeper who shall be appointed by the And give secu. majority of the Justices assembled in the Court of Petty Sessions assembled for that purpose nearest to the said pound. And every poundkeeper, before acting under such appointment, shall enter into a bond to Her Majesty with sufficient sureties in such amount as may be deemed reasonable by such Justices, that he shall well and truly perform the duties of such pound keeper, and account for and pay over all moneys received by him in such capacity as by this Act directed.
One day only
in week to be
tized for saler
5. The Minister may, by notice in the Gazette, fix some one day in every week on which sales of impounded animals may take place at noon at every pound in the colony. And every such sale shall take place on such day only, unless it be Good Friday, Christmas Day, or any public holiday, and then on the next business day not being such. 6. Every poundkeeper shall be supplied by the Government with a copy of this Act, Poundkopers and also with a pound book in such form as shall be determined by the Minister, both to keep pound which, and also all printed instructions, from time to time transmitted to such pound- keeper, he shall keep at his pound. And he shall enter legibly in writing in such book the particulars of all matters referred to therein, under their proper heads, at the time of such matters occurring, or being done, respectively, or as soon thereafter as, possible. And the said pound book, and such instructions shall, once in every month, be produced to the Petty Sessions, and, with this Act, be open at the pound, at all reasonable times to any Justice or police officer, or to any person authorized in that behalf by the
book.
AND ALSO AS TO PRESERVATION OF GAME.
35
COLONTER.
Minister, free of charge, and to any other person on payment of sixpence, and the Australias poundkeeper shall supply extracts therefrom signed by himself at the rate of one shilling for one hundred words or less, and sixpence for all additional words not above one hundred. And every pounkeeper shall, at the time of his ceasing to hold such office, deliver up such pound book, Act, and instructions, to the Petty Sessions.
Book for
ticulars
7. Every poundkeeper shall also keep a book in which he shall, from time to time, enter the descriptions of all stray animals coming under his observation, with the names tous animale and addresses of their owners, if known to him, and such other particulars as may lead to the recovery of them by their proprietors, and such book shall, at all reasonable hours, be open to the inspection of any person on payment of a fee of one shilling.
8. Every poundkeeper shall, at his own cost, keep the pound to which he is appointed Founderper clean and in good repair, and shall supply the animals impounded therein with sufficient to repair. and wholeosme food and water, having regard to the capabilities of the district and the circumstances of the season-the charges for such care and sustenance to be fixed for each pound, from time to time, by the majority of Justices assembled for that purpose in the court of Petty Sessions, and published in the Gazette-and the poundkeeper may send such animals out of his pound, at fit times and to fit places, for grazing or watering. Provided that every poundkeeper shall be responsible to the owner of any impounded animals for every loss or damage occasioned by any wilful act or neglect of tenance. himself or his servants.
Provides
9. Every poundkeeper may demand and retain for his own use, for all animals Pound fo impounded, the following fees-For the first or only head of goats or swine, sixpence: and for every additional head thereof, not exceeding ten impounded at the same time and by the same person, threepence; and for every additional head so impounded, one penny-for the first or only head of cattle, sixpence; and for every additional head not exceeding ten, threepence; and for every additiqual head so impounded, one penny-for the first or only horse, one shilling; and for every additional horse not exceeding ten so impounded, sixpence; and for every additional head, threepence;-and for the first or only sheep, threepence; and for every additional sheep not exceeding ten, one penny; and for every additional sheep exceeding ten, one farthing.
to erset ward
10. Every poundkeeper shall keep, on or near to some conspicuous part of the pound. Poundker a board containing, in legible white letters on a black ground, a table of all fees and with table t charges which he is authorized to demand under this Act, and all rates of damage fixed fora. by the first Schedule hereto. And if he fail to keep such board in proper repair, or neglect to make necessary alterations therein within a reasonable time, or allow any false statement to be thereon, he shall be liable for every day of such offending to a penalty not exceeding five pounds.
Rates of
11. Any occupant impounding any animals in the public pound may charge and receive for them, respectively, to his own use, the rates of damage fixed by such first Schedule, damage
and rates per mile for driving them, according to the scale fixed in the second Schedule hereto, as well as all tolls or ferry dues incurred in such driving.
Increasing
Poundkeeper
12. In every case in which the same animal shall be found trespassing on the same land charge for re- more than once, and any such trespass shall take place within twenty-one days after a pad t preceding one, such trespass there shall be charged for the second, and every other such pass. trespass twice the rate of damage authorized by the first schedule, together with driving fees, as by the second Schedule, as well as all tolls or ferry dues incurred in such driving.
13. Within twenty-four hours after the impounding of any animals, the pound- to post on gat keeper shall post a written notice on the gate, or on some other conspicuous part of the notice of cattle pound, setting forth a description of such animals, with their brands and marks, and in pound. such notice shall remain so posted until such animals shall have been claimed, or other- wise disposed of according to this Act. And every poundkeeper who shall neglect to post such notice, or keep the same so posted, shall for every day of such neglect be liable to a penalty not exceeding forty shillings.
Notice of in-
ant to ownery
14. When any cattle, horses, or sheep, impounded in a public pound shall not be immediately claimed by the owner, or some one on his behalf, the poundkeeper shall ding to be within twenty-four hours thereafter send a notice to the owner, if known, and residing within ten miles of the pound, and if residing at a greater distance, then by a registered letter through the general post, such notice to contain a description of such animals, with their brands and marks; the place from which they are impounded, and by whom; the date of their impounding, a statement of the time and place of their intended sale, if not duly released, and the sum which shall, at the date of such notice, be lawfully charge- able on the same. Provided, that every owner residing within ten miles of a pound may instruct the pound keeper in writing by which of such modes such notice shall be sent, and the poundkeeper shall act accordingly. Provided also, that when the pound-