PUBLIC RECORD OFFICE
T1
Reference -
C.O.885
PUBLIC RECORD OFFICE, LONDON
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AUSTRALIAN
COLONIES.
Prestuble
118
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
WESTERN AUSTRALIA.
ANNO SEXTO Victorle RegIN.E.
No. II.
As Acr to make perpetual an Act entitled “An Act to provide a remedy against Horses and other Live Stock straying in Towns, and to prevent Entire Horses and * Bulls straying in any part of the Colony.”
[21st July, 1842] WHEREAS an Act was passed in the third year of the reign of Her present Majesty, entitled, “An Act to provide a remedy against Horses and other Live Stock straying in No. 3 about to Towns, and to prevent Entire Horses and Bulls straying in any part of the Colony," which said Act is about to expire; and whereas it is expedient that the said Act should be made perpetual: Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that the said Act shall be, and the same is hereby made perpetual.
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II. And be it enacted, that this Act may be amended or repealed by any Act to be passed during the present Session.
(Signed) JOHN HUTT,
Governor and Commander-in-Chief.
LIS
Passed the Council, 21st July, 1842.
(Signed)
WALKINSHAW Cowan,
Clerk of the Council.
WESTERN AUSTRALIA.
Asso Dreimo Quarto Victorle Regina.
No. XXIV.
AS ORDNANCE to prevent vexatious proceedings in certain cases of unavoidable Trespass.
[21st May, 1851.] WHEREAS the measure recently adopted in this Colony of disposing of the lands of the Crown, under grazing and tillage leases, renders unavoidable the passing over tracts of ground either previously granted in fee, or otherwise assigned under such leases as afore- said, for the purpose of reaching other lands lying beyond the same: and whereas, with the force at present at the disposal of the Survey Department of this Colony, much time will be required to lay out and open such a system of main and branch lines of road as may be required for the purpose of the necessary internal communication consequent upon such a measure as aforesaid; and whereas, it is expedient in the meantime to prevent numerous vexatious complaints on account of such unavoidable trespass as Where the above-mentioned: Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof. that in any case of a complaint for trespass committed upon the land of another, either by driving flocks and herds, or by riding, driving, or conducting any horse or vehicle across the same, if it shall be made to appear to the satisfaction of the Justice or Justices hearing the said complaint that the party complained of was at the time of such alleged trespass bona fide engaged in some lawful business or pursuit, which by reason of the non-existence of any neighbouring road, or customary thoroughfare, could not have been accomplished without such trespass, save by a wide circuit and a considerable loss of time and labour, and that such party had traversed the ground and effected the passage in such a manner as to commit as little injury as practically possible to the said land, or to the natural pasture growing thereon, and without wilfully making any unnecessary deviation from the most direct course across the same, and without loitering or making any wilful delay thereon, then in every such case it shall be in the discretion of the said Justice or Justices to refrain from awarding any sum whatever, either for damages, penalties, or costs, for such trespass. Provided, always, nevertheless, that no fences were broken down, opened, or removed, no cultivated grounds passed ther that over, and no actual damage done thereby, other than to the natural pasture growing on
the soil, and that to such an extent only in each case as was practically unavoidable.
2. And be it enacted, that if any river, creek, lagoon, or estuary shall be fordable at
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AND ALSO AS TO PRESERVATION OF GAME,
119
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a place where either of the banks thereof is private property, and it shall be made to AUSTRALIAN appear to the satisfaction of the Governor that a thoroughfare across such ford would, Colosta. by reason of the want of any neighbouring ford or bridge, be a necessary or considerable public convenience to residents in, and travellers through the circumjacent district. it between pri shall be lawful and competent to the Governor, by notice to that effect in the Govern- ment Gazette, to constitute such ford, together with convenient access and egress, a stiki
Ports public temporary public thoroughfare, and, at the public expense, to cause to be laid out, and the g fenced in on either side with post-and-two-rail fence, such access and egress (as far as the same shall run through land already enclosed) by means of a roadway not exceeding through n thirty-three feet in breadth over the lands adjacent to either extremity of such ford: Provided, always, that the right of property in the soil of any such roadway, and in the freed at fences thereof, laid out and erected under this Ordinance, shall, subject to the public pee, right of passage erected by such notice, be in the person or persons who are or were property in proprietors of such soil at the time of making such roadway, his, her, or their heirs or of the assigns, but without prejudice to the powers of the Governor, or of any other person, the or persons under any other Ordinance provided for the construction of public roads; jeet to right of provided, further, that it shall be lawful for the Governor, by any notice to be published Image in the Government Gazette, to rescind and revoke any previous notice constituting any such public thoroughfare as aforesaid; and thereupon the ford, referred to by such stituting th rescinding notice, and any road leading thereto or therefrom over private property, luid be resisted. out under the provision of this Ordinance, shall cease to be a lawful public thorough-
fare.
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3. And be it enacted, that nothing herein contained shall be deemed or taken to fere with 7th interfere with any of the provisions of an Ordinance passed in the 7th year of the reign Virt, N. 15. of Her present Majesty, entitled “ An_Act_to prevent the spreading of the infectious "disease called the Scab in Sheep in the Colony of Western Australia."
4. And be it enacted, that whenever and so often as any public line or lines of com- munication shall be opened and completed in any particular district, it shall be lawful for the Governor, by proclamation in the Government Gazette, to'declare that the provisions of this Ordinance shall no longer apply in such district, and thereupon such provisions shall immediately cease to be applicable thereto, save and except as to any trespass, or alleged trespass, which shall have occurred before the time of publication of such proclamation.
CHARLES FITZGERALD,"
Governor, and Commander-in-Chief.
•
(Signed)
Passed the Legislative Council, the 21st day of May, 1851.
(Signed)
A. O'GRADY LEFROY,
Clerk of the Council.
ANNO VICESIMO PRIMO VICTORIE REGINA. No. VII.
AN ORDINANCE to Consolidate and Amend the Laws relating to Trespasses by Live Stock and to Promote the Construction of Fences, WHEREAS it is expedient to consolidate into one Ordinance and amend all the enact- the ments and provisions respecting the law of trespass by live stock, and to encourage construction of boundary fences: Be it enacted, by his Excellency the Governor of Western Australia and its dependencies, by and with the advice and consent of the Legislative Council thereof:
Duration d
this Ordi-
Tremble.
Repeul 2,
13, 1847; 6,
1. That from and after the passing of this Ordinance, the following Ordinances, 2nd William IV., No. 2, 1832; 4th William IV., No. 5, 1834; 10th Victoria, No. 13, 135, 1831; 1847; and 12th Victoria, No. 6, 1849; shall be and the same hereby are repealed, save 1849. and except as to any proceedings pending, and any liabilities incurred, at the time of the passing hereof, under any of the said Ordinances,
II. That it shall be lawful for any person sustaining damage in his house or land, or in any crop, fixture, or chattel therein respectively growing or being, by trespass of any dates whit live stock of whatever description, or by dogs or other domesticated animals, to seize tuny do and secure the animals so trespassing in any public pound, or if there be none such an al within three miles of the scene of trespass, then in any private pound or place of security, until satisfaction be made for such damage in manner hereinafter provided: of wurity if
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