PUBLIC RECORD OFFICE
Reference :-
TTTTTC.O.8
885
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
AUSTRALIAN
COLONIES.
Fine not to
• reed ten pounds.
Penalty for
rerete.
Wilful tres. pass
Definition of feneng aljoan. ing farms.
Atvertising.
ANN
18
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
every person who shall so drive, or attempt to drive, any animals not being his own, or under authority as aforesaid, shall be liable to a penalty not exceeding ten pounds, Provided that nothing herein shall affect any criminal proceeding for such driving, if applicable thereto. Provided nevertheless, that no person having animals trespassing shall be empowered to demand to exercise such right more than once in the same month.
33. Every person who shall rescue, or incite or assist any other person in rescuing, any animals lawfully impounded, or seized for the purpose of being impounded, shall be liable in any competent Court to all costs and damages lawfully chargeable thereupon, and also to a penalty not exceeding twenty pounds.
34. Every person who shall wilfully let in, or knowingly suffer to enter, upon any cultivated land of any occupant any animals without due authority, shall be deemed guilty of a wilful trespass, and shall be liable for every such offence to a penalty not exceeding twenty pounds. Provided, that no conviction of such offence shall affect any civil remedy against such offender.
35. In every case in which more occupants than one holding lands enclosed by one common outward sufficient fence, such lands shall, for the purposes of the first Schedule, hereto be deemed as against all persons outside such general fence to be sufficiently fenced, but as against each other in cases where no sufficient fence stands between them, shall be deemed to be unenclosed lands.
36. Whenever this Act contains a direction to insert any notice in a local newspaper, such insertion may be dispensed with, unless it can be made at a cost not exceeding the charge authorized for advertising in the Gazette.
Spada- 37. Nothing herein shall interfere with the Common Law right of proceeding for damages. Provided, that if the plaintiff in any such proceeding does not recover more than damages, according to this Act, he shall not be entitled to costs from the defendant.
Application
Al
Treasurer.
38. The Colonial Treasurer shall keep a separate account of all moneys accruing fees by under this Act, and in case no claim to the same shall be duly made within two years next after the said money shall have been so paid into the hands of such person, it shall be lawful for the Governor, by warrant under his hand, to direct the same to be paid to the treasurer, or other authorized officer of any benevolent society or hospital established, or to be established in any district of the Colony, for the relief of such pour persons as through age, sickness, accident, or infirmity, are unable to support them- selves. Provided, that in any district in which there is no benevolent society, or hospital, the same shall be paid towards the support of the nearest benevolent society, or hospital.
General pe Palmer.
Commence- mt au short Title,
39. Every person who shall wilfully commit any offence against this Act, or any regulations thereunder not herein expressly provided for, shall be liable to a penalty not exceeding five pounds, which may be recovered before any two Justices.
40. This act shall commence and take effect on and after the first day of July next, and shall be styled, and may be cited as the "Impounding Act of 1865.'
FIRST SCHEDULE.
RATES OF DAMAGE TO BE CHARGED FOR TRESPASS.
of graves enclosed by a
sutient fence.
uncut meadow
In any garden
In any padlock
Description of animals treepmasing.
or growing emp of any kind enclosed by a sufficient fence,
d.
S d.
1 0
4 0
0 1
0 -4
2 0
G 0
For every horse mare gelding colt filly ass mule}
bull cow ox heifer steer calf
For every ram ewe sheep or lamb
For every goat
For every pig
AND ALSO AS TO PRESERVATION OF GAME.
99
SECOND SCHEDULE.
RATES OF MILEAGE FOR DRIVING OR TAKING ANIMALS TO POUND.
Description of animals trespassing.
Every horse mare gelding bull cow ox
heifer steer call
Every one hundred rams ewes sheep or
lambs or under that number
Every goat Every pig
l'er mile.
For the first threepence and for every other trespassing and impounded at the same time one halfpenny.
Sixpence for the first and one penuy for every hundred or portion of a hundred above that number.
One halfpenny.
'One shilling.
NEW SOUTH
WALES.
ANNO VICESIMO Noxo Victorie ReginÆ
No. XXII.
As Acr to provide for the Preservation of Imported Game, and during the breeding
season of Native Game.
[Assented to 7th April, 1866.] WHEREAS certain persons have imported and may import from parts beyond the seas at considerable expense for the benefit of the Colony game not previously existing therein, and it is expedient that encouragement should be given to such importations of game by protecting it and its progeny, as also that native game should during the breeding season have a similar protection: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
AUSTRALIAN
L'OLONIES.
Preamble.
1. For the purposes of this Act the term "game" shall mean and include all birds Interpretation and other animals mentioned in the first Schedule to this Act, and the terms “native terms. game" shall mean and include all birds and other animals mentioned in the second Schedule to this Act.
Commence
2. This Act shall come into operation and be in force as regards birds and other animals named in the first section of this Act from the date of its passing, and shall ment of Act. continue and be in force for the period of five years, and for a further like term during the period of the year mentioned in the first Schedule from that date, and as regards the birds and animals mentioned in the second Schedule to this Act for the space of ten years.
3. The period of the year during which this Act shall be in operation as regards birds and other animals mentioned in the second Schedule to this Act shall be the periods and times mentioned in such Schedule.
Period of pr
bibition to be
ummed in
Schedule two.
Penalty on
stroying im-
4. If any person shall wilfully capture, kill, or destroy at any time auy game, or shall use any instrument whatever, net, or any other means for the purpose of killing or de capturing, killing, or destroying any game, such person shall upon conviction forfeit ported gatur. and pay a penalty not exceeding the sum of two pounds in addition to the value of each bird or other animal so destroyed, which value shall be the sum set opposite the name of such bird or animal in the first Schedule to this Act, which value shall be adjudged to the owner if claimed by him.
l'enalty on
5. If any person shall wilfully kill or destroy any native game within the period mentioned in the second Schedule to this Act as the period of prohibition in regarding or de to any bird or other animal being native game, or shall use any instrument whatever, native a net, or any other means within the period aforesaid for the purpose of killing or destroying any native game, such person shall upon conviction forfeit and pay any sum not exceeding the sum of two pounds.
6. If any person shall buy, sell, or knowingly have in his possession, house, or control
0 2
out of stay (2).