PUBLIC RECORD OFFICE
Reference -
ELEC.O.885
חיִייין'
3 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
COLONIES.
And Disy
sation whether by Fave pounded or
not.
What may not do.
or mai
1 20
LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,
AUSTRALIAN Provided always, that it shall be incumbent on the party so distraining and impounding in any private pound to make forthwith a complaint of such trespass to some Justice of the Peace, and, until order made by such Justice, to treat the animal so distrained with Lampen reasonable care, to supply it with food proper for its sustenance, and to protect it from ill-usage: Provided also, that the party sustaining any such damage as aforesaid shall be equally entitled to the compensation herein provided, on complaint to a Justice of the Peace, whether the animal committing the damage shall have been impounded or not.
III. That in order to prevent a practice so injurious to the public interests of this But not kill colony as the wilful destruction of live stock and domesticated animals, on account of trespasses, for which a lawful mode of summary compensation is hereby provided, if any person shall, after the passing of this Ordinance, unlawfully and wilfully kill, wound, or mention maim any animal whatever committing damage in his house or lands (not being any pig, goat, poultry, rabbit, or pigeon), every such person, being convicted thereof before any Justice of the Peace, shall forfeit and pay to the party injured (over and above the value of the animat, if killed, and all the costs and expenses of the whole proceeding, including necessary witnesses, fees of court, and incidental expenses), any such sum of money, not exceeding ten pounds, as to such Justice shall seem meet; and, in default of payment of the entire sum so adjudicated, either forthwith, or within such time as such In default. Justice may allow, the person so convicted shall be committed to the common gaol or house of correction for a period not exceeding three months, with or without hard labour, as to the convicting Justice may seem meet.
If he do either, then
and fine.
Valtte nil.
L'usin, Sr.
Fur 10 XU.
gaol 3 months.
He may gold bullet AlotP, mius, and
liable
น
But
IV. That if any entire horse, bull, or ram, above the age of one year, shall be found trespassing on any land, and without a keeper, it shall be lawful for the lawful occupier of such land to castrate such animal forthwith, if the owner thereof be unknown, and the elf three days after notice of such trespass to such owner, if known, such notice being ither party personal, or left at the usual place of residence of such owner; and no compensation affed shall be given to such owner for any loss which he may sustain thereby: Provided the rely. Nority, always, that nothing herein contained shall be deemed or taken to interfere with, or in All tion any wise affect, any claim for compensation or any penalty (as hereinafter provided) must be given which may have accrued by reason of the trespass.
He can claim 1 balties.
Which no
evottapetisatiota for unge.
Three petre per heatforze, pay
bend all alock.
Atul over and above.
V. That if any live stock shall be found trespassing upon any lands, whether any damage shall be prd to have been committed by them or not, the owner of such live distinct from stock shall forfeit and pay the sum of threepence for each head of horses or other great stock, and one penny for each head of sheep and other small stock so found trespassing as last aforesaid, upon the information and complaint of the owner or lawful occupier of the land upon which such stock shall have so trespassed, and that such sum or sums of money so imposed as a penalty shall be paid to such owner or occupier, and shall be over and above, and shall in no wise affect any claim that may be made by such owner or occupier for damage done by such stock in such trespass: Provided always, that in Double pen every case where great cattle are found trespassing, and not branded with a registered brak brand, such penalties as aforesaid shall be doubled: Provided also, that the total But in my amount of penalties so imposed shall in no single case of trespass exceed the amount of punda maxi- two pounds: Provided also, that all trespasses committed by the same stock upon the sume land, and against the same individual, prior to the date of any complaint or information made under this Ordinance before a Justice of the Peace, shall be deemed All and taken to constitute only one offence, and to render the owner of such stock liable
for only one such trespass.
altiem un
ו כיו
mata.
Our wljudi- entism of peu
of prior date.
Xx for keep bee
VI. That no expense for keep of any live stock impounded for trespass shall be rond wack recovered for more than the period of one week, unless the said stock shall have been ind wher advertisel, with a full description thereof as hereinafter provided, as soon as possible
after the same shall have been found so trespassing as aforesaid.
tisei.
Nu stock to ble
.
*
1
יב
J. !
nivel
Catib-owner
b Tubifi-
A
stupak
Just
CAN YOU Lour..
May
tatals
Brod damag
VII. That no live stock shall be sold by any order of ang Justice of the Peace for the default of discovery of the owner thereof unless the same shall have been advertised, with full description thereof, including marks, brand, colour, and height, in two news- papers published in the colony for three successive weeks, nor until seven days after the last of such advertisements.
VIII. That it shall be lawful for any Justice of the Peace in this colony, on complaint upon oath made to him by any person sustaining damage from live stock as aforesaid, to issue his summons for the appearance of the owner (when known) of the animal so trespassing; and on the appearance of the owner, or in his absence, on proof of the service of the summons, either personally or by leaving the same at the usual place of residence of such owner, to examine into the nature and amount of the damage so alleged to have been committed, and to make such order for the payment of the value thereaf by the said owner to the party injured whether the last-mentioned party shall
AND ALSO AS TO PRESERVATION OF GAME.
121
COLONIES.
enter into
The exami
have been examined or not), together with all reasonable costs of pounding, feeding, AUSTRALIAN constable's fees, witnesses, and other incidental charges as to such Justice shall seein meet, and for that purpose to compel the attendance of all necessary witnesses, and to J.P. administer oaths to all partics examined; and in case such order shall not be complied jurisdiction with, it shall be lawful for the Justice making the same, by warrant under his hand, to int." direct any constable of the said colony, by public sale of the animal trespassing when Idiot the impounded, and, if needful, by distress and sale of other the goods and chattels of the real sufferer, way ไป owner of such animal, to levy and raise the sum awarded by such order, together with all the expenses of sale; and further, that it shall be lawful for such Justice making water. such order as aforesaid to make at his discretion reasonable deduction from the amount out fit of damages so ascertained on account of any negligence or other misconduct on the part of the person complaining, either by undue delay in making his complaint, or by ill- treatment of the animal impounded.
who
distant, is im
Col
Distress The im
and allowed
to. P. alter
ponudler.
Who can be
summoned by
Who can forthwith ex-
pounder's all- treatment of neglect of IX. That in all cases in which the animal so trespassing as aforesaid shall be im- sumal to be pounded, and the owner thereof shall not be discovered within seven days after the last considere, of the advertisements hereinbefore required by Section VII., it shall be lawful for any for Seven days Justice of the Peace, on application and complaint on oath of the party injured, to make after third all- such examination, order, and sale, as are hereinbefore directed to be made, in case such tent
May pro owner shall be known.
cord in ab X. That if any person who shall impound any live stock under this Ordinance, as y
Komedie hereinbefore provided, shall not within twenty-four hours after make complaint to some exttle owner Justice of the Peace of the damage committed by such live stock, it shall be lawful for may complain any Justice of the Peace residing near the place of impounding, on complaint of the hour owner of such live stock, to summon before him the person impounding the same, and delay of in- upon appearance of such last-mentioned person (or ih his absence, upon proof of the service of such summons either on his person or at his last place of residence) to proceed in such and the like manner to all intents and purposes as any Justice of the Peace is by this Ordinance authorized to proceed, and act on the return of any summons issued online into the the complaint of the person sustaining damages by the trespass of live stock.
XI. That on complaint made to any Justice of the Peace that any live stock have been under con impounded for a trespass for which no compensation or penalty is recoverable under the plains provisions of this Ordinance, it shall be lawful for such Justice to summon before him the person so impounding the same, and to summon and examine upon oath all when legally necessary witnesses; and in case it shall appear to such Justice that such stock has if impounded been in fact impounded for any such trespass as last aforesaid, it shall be lawful for when co the said Justice to order the person so impounding such stock to deliver the same to the ante). owner thereof, and to pay to the said owner such damages (not exceeding five pounds) quire whether and costs as to such Justice shall seem meet, proper, and just; and in case such order auch be the shall not be complied with within such time as such Justice shall thereby limit and f express for that purpose, it shall be lawful for such Justice to levy and raise the damages can order and costs awarded by him by distress and sale of the goods and chattels of the offender, ok, and and to direct and authorize any constable or police officer to enforce the release and damag, five delivery of the stock impounded, and for that purpose, if necessary, to break open any doors or gates.
Like, a aute. when in-
His means of
sock
pounded.
penation de
J. P. to en
If 50, J. P
can
the
Maximum.
J. P's order
freed by
al
Constable
XII. That in all cases of trespass committed by any live stock, the occupier of land in whose charge the said stock shall be at the time of such trespass shall be deemed to be sufficiently the owner of such stock to render him liable for all damages and penalties may break arising from such trespass.
CCU-
owner
Fencing no vulujetIATE -
town of subur.
mats unle
Jeneral.
XIII. That from and after the passing of this Ordinance, the proprietor or tenant of pier of land any town or suburban allotment in any part of the colony of Western Australia or its dependencies, shall not be entitled under this Ordinance to recover any compensation whatever for any damage committed by any live stock whatever trespassing on such tall allotment, or to recover any poundage fees, or other expenses incurred by reason of fortress o impounding such live stock, unless the portion of such allotment trespassed on shall, at all the time of trespass, be inclosed by a sufficient external fence, as hereinafter defined.
XIV. That in every case in which the proprietor or tenant of any town or suburban allotment shall, under the provisions of an Ordinance, No. 4, 4th William IV., 1834, failing to m have required the proprietor of any adjoining land or his agent to erect the party or othe common boundary fences between such their respective adjoining lands, and the pri prietor, occupier, or agent, to whom such requisition shall be addressed, shall refuse or neglect to comply with the same, in every such case no compensation whatever shall be recoverable for any damage cominitted on the said adjoining lands of the proprietor, who or whose agent shall be guilty of such refusal or neglect, by any live stock straying
R
Proprietor
in erection O
ในบท
-