PUBLIC RECORD OFFICE
Reference:
TITLC.O. 8
885
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
COLONIER
02
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
AUSTRALIAN from time to time to keep up and maintain, or cause to he kept up and maintained, in proper repair; and if any person shall wilfully deface, injure, destroy, or remove any such beacon or landmark so placed or erected as aforesaid, such person (being a free person) shall forfeit and pay to His Majesty, His Heirs and Successors, for every such offence, the sum of fifty pounds, which shall and may be recovered by action of debt in the name of His Majesty's Attorney-General in any competent Court of this Colony; and if such offence shall be committed by any convict or transported felon or offender, such person shall be deemed and taken thereby to have committed a misdemeanour, and shall and may be punished for the same accordingly.
Justice of the
Per
assist Commis-
Siners in their fiona sul pur
pemtubula
IV. And be it enacted, That every Justice of the Peace and constable shall, being thereunto required by writing under the hands of any two or more Commissioners appointed under authority of this Act, aid and assist the said Commissioners in making their perambulations and surveys; and no suit or action shall be brought or commenced against any Justice of the Peace or constable for any act, matter, or thing done by them, or any of them, upon the requisition or order of the said Commissioners, or any two or more of them, during the time that the said Commissioners, or any two or more of them, shall be actually present and ordering or permitting the same to be done; but any suit or action shall and may be brought against the said Commissioners alone for Astonctions any act, matter, or thing so done by them, or by their order or authority, and in their presence as aforesaid; and service of process in any such suit or action upon either of the said Commissioners, so being present as aforesaid when the said act, matter, or thing complained of was done or performed, shall in all cases be deemed and taken to be good and sufficient service.
for anything a dotie by them.
1.imitation
of actious; and 10 Cals
when verdict
V. And be it enacted, That any suit or action which shall be brought against any Commissioner or Commissioners to be appointed under the authority of this Act, or for defendant. against any person or persons acting under the authority or by the order of such Com- missioners, or any two or more of them, for any thing done or acted by him or them under this Act, shall be commenced within six calendar months next after the fact committed (in respect of which such suit or action shall be brought or commence!), and not afterwards; and the defendant or defendants in every such suit or action shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and if such suit or action shall be brought or commenced after the time so limited for bringing the same, or contrary to the provisions of this Act, or if the matter or thing complained of shall be proved to have been done under the authority and under the execution of this Act, then, and in either of such cases, the jury shall find a verdict for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuit, or discontinue his or her action after appearance of the defendant or defendants, or there shall be a verdict against the plaintiff or plaintiffs, or if upon demurrer judgment shall be given against the plaintiff' or plaintiffs, the said defendant or defendants shall have double costs of suit, and shall have the like remedy for the recovery thereof as any defendant hath for the recovery of costs in any other case at law.
As to remu- nition of
VI. And be it enacted, That it shall and may be lawful for the Governor of this Colony Commision 10 pay, or cause to be paid, out of the Public Treasury of this Colony, to each of the ers. e. and Commissioners to be appointed under and by virtue of this Act, and to the Justices of hers in their the Peace, constables, and other persons acting in aid of the said Commissioners as the aforesaid, as and for a remuneration for their services and for their travelling expenses, sums following; that is to say, to each Commissioner, or Justice of the Peace, for every day upon which he shall be actually and necessarily employed upon any perambulation or survey, a sun not exceeding twenty shillings per diem in the whole; to every constable or other person taken in aid of the said Commissioners, for every day upon which he shall be actually and necessarily employed upon any perambulation or survey, a sum not exceeding two shillings and sixpence per diem in the whole; and it shall and may be lawful for the said Governor, in like manner, to pay and defray the reasonable expenses of erecting, placing, supporting, and maintaining all necessary beacons and landmarks as aforesaid.
Commissione +n, c. bow to be defrayed.
Costs of e VII. And be it enacted, That it shall and may be lawful for the Governor of this Colony to pay, or cause to be paid, out of the Public Treasury of this Colony, the costs and charges of any suit or action which shall or may be brought as aforesaid, by or against the said Commissioners, or any Justice of the Peace, constable, or other person acting under the authority of any of the provisions of this Act, for any matter or thing by them, or any of them, done as aforesaid: Provided always, that such suit or action shall have been brought or defended under direction of the Governor of the said Colony; and provided that such Commissioners, Justice of the Peace, constable, or other person acting under the authority of any of the provisions of this Act, shall not be proved to
AND ALSO AS TO PRESERVATION OF GAME.
93
COLONIES.
have wilfully conducted themselves or himself in any improper, vexatious, or oppressive AUSTRALIAN
Passed the Council, 28th August, 1833.
manner.
E. DEAS THOMSON, Clerk of the Council.
(Signed)
RICHARD BOURKE, Governor,
5 WILLIAM IV., No. XII.
Preamble
Vesting in
• Ndumis-
As Acr to amend an Act, intituled, "An Act for protecting the Crown Lands of this Colony from Encroachment, Intrusion and Trespass.” [5th August, 1834.] WHEREAS it is expedient to amend a certain Act of the Governor of New South Wales, with the advice of the Legislative Council thereof, passed in the fourth year of the reign of His present Majesty, intituled, "An Act for protecting the Crown Lands of this
Colony from Encroachment, Intrusion, and Trespass:" Be it therefore enacted by his sober the Excellency the Governor of New South Wales, with the advice of the Legislative Council sam powers thereof, That from and after the passing of this Aet it shall and may be lawful for any vested in tw one or more Commissioner or Commissioners appointed as in the said recited Act is mentioned, to do and perform any matter or thing, which it may be lawful for any two or more Commissioners to do and perform under the provisions of the said recited Act.
Passed the Council, 5th August, 1834.
E. DEAS THOMSON, Clerk of the Council,
(Signed)
RICHARD BOURKE, Governor.
ANNO DECIMO OCTAVO VICTORLE REGINE.
No. XXVII.
As Acr for protecting Inclosed Lands from Intrusion and Trespass.
[Assented to 29th November, 1854.J WHEREAS it is expedient to make further alterations for the protection of Inclosed Lands from Intrusion and Trespass: Be it enacted by His Excellency the Governor of New South Wales, by and with the consent of the Legislative Council thereof, as follows:
formerly
}
Preamble
Penalty
entry into en-
I. Any person whoshall, without lawful excuse, enter into the inclosed lands of any other person, without the consent of the owner, or occupier thereof, or the person in upon unlawful charge of the same, shall forfeit and pay any sum not exceeding five pounds, and the closed laude. proof of such lawful excuse shall be upon the person charged with any offence against the provisions of this enactment.
II. If any person shall enter into, or upon, the inclosed lands of any other person, and shall wilfully or negligently leave open, or down, any gate, or slip-panel, such person shall forfeit and pay any sum not exceeding ten pounds.
Penalty upon
leaving open
puls.
slip-
Persone vin-
may be appre
III. Any person who may be found committing any offence against any of the provisions of this Act, and who shall refuse, when thereunto require, to give his name lating this Act and place of abode, shall be liable to be apprehended by the owner, or occupier, or the hended, person in charge of such inclosed lands, and delivered to the custody of the nearest constable or peace officer, to be taken and conveyed before a Justice of the Pence, to be dealt with according to law: And any person who, upon being so required to give his name and place of abode, shall give any false or fictitious name or place of abode shall forfeit and pay any sum not exceeding five pounds.
IV. It shall be lawful for the proprietor, or occupier, or any person having the charge of any inclosed lands, to destroy any goat found trespassing thereon.
V. It shall be lawful for any constable, or peace officer, to seize, or destroy, any goat found straying, or at large, in any road, street, or public place.
Got to be destroyed.
Constable to destroy konts
in certain
Interpreta
VI. The words "Inclose·l Lands" in this Act, shall mean any lands, either private or place. public, which may be inclosed, or surrounded, with any fence, wall, or other erection by tion compet which the boundaries thereof may be known or recognized; and the word “person shall be decined to extend to any body corporate.
VII. All penalties hereby made payable, or recoverable, may be recovered in a summary way before any Justice, as by law is or shall be provided.
Penalties to
be recentered aummarily.
Limitation
VIII. All actions and prosecutions to be commenced against any person, for anything done in pursuance of this Act, shall be commenced within two calendar months after the of action. fact was committed, and not otherwise, and notice in writing of such action, and of the cause thereof shall be given to the defendant one calendar month, at least, before the