CO885(2-3) — Page 501

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PUBLIC RECORD OFFICE

Reference :-

TLC.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE I BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

COLONIES.

124

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AUSTRALIAN Street, public thoroughfare, or open public place whatever forming a part of or belonging to any inhabited portion of a townsite, and being the property of any town trust or city council, shall on conviction forfeit and pay for every such offence a sum not exceeding five pounds: Provided that nothing in this section contained shall be construed to apply to any town herd, draught oxen, or cattle which shall be bond fide driven by a keeper, stockman, or other person straight into, through, or out of any city or town.

Extending limit to one tmouth where

over thirty miles from

Justice resides

place of tres- pass for re- covery of pent- alties,

may

V. Whereas it is expedient to amend the law regarding trespassers by live stock on farms and stock runs situate in districts remote from any Justice of the Peace: Be it enacted that in every case in which the land whereon any trespass by live stock be committed shall be upwards of thirty miles from the residence of any Justice of the Peace, the information and proceedings for the recovery of damages or penalties or both under the Ordinance 21st Victoria, No. 7, of 1857, may be commenced within one month after the trespass thereby respectively complained of shall have been committed; and it shall be lawful for the Justice or Justices on the hearing of such information, whether any damage shall have been proved to have been committed or not, if he or they in Viet, 14. their discretion think fit, to award penalties under the fifth section of the said Ordinance, in any single case of trespass not exceeding the amount of five pounds, with such costs and expenses as may meet the justice of the case.

Ordinances to be rend to gether as one.

Preamble.

Land owner

estila whether

VI. That this Ordinance and the said recited Ordinance shall be read and construed together as one Ordinance.

(L.S.)

A. E. KENNEDY,

Governor and Commauder-in-Chief.

Passed the Legislative Council, this 28th day of November, 1860.

HENRY WAKEFORD,

Clerk of the Council.

WESTERN AUSTRALIA.

ANNO VICESIMO OCTAVO VICTORLE REGINÆ.

No. XIV.

AN ORDINANCE to amend "The Cattle Trespass Ordinance, 1857.” ́[11th July, 1864.] WHEREAB it is expedient to amend the Ordinance of the Legislative Council the twenty- first of Victoria, No. 7 of 1857, intituled "An Ordinance to consolidate and amend the "Laws relating to Trespasses by Live Stock, and to promote the construction of Fences;" 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, as follows:

1. The power to impound all animals found trespassing, conferred by the second may impound section of the said recited Ordinance, upon any person sustaining damage in his house or committing land, or in any crop, fixtures, or chattel therein respectively growing or being, shall and may henceforth be exercised by any person aggrieved by any such trespass, without the necessity of proof of actual damage sustained.

actual damage

See 21 Vict,

1.

19th Sect. of

7, repealed.

Interpreta-

214 Vict., No.

tian.

2. The nineteenth section of the said recited Ordinance shall be and the same is hereby repealed, and the following section is hereby substituted in lieu thereof:

The term "sufficient. fence" used in the said recited Ordinance and in all other Ordinances referring thereto, shall be construed to mean any substantial fence, reasonably deemed sufficient to resist the trespass of great and small stock, in- cluding sheep, but not including goats or pigs.

(L.S.) J. S. HAMPTON,

Governor and Commander-in-Chief.

Passed the Legislative Council this 11th day of July, 1864.

G. E. HAMPTON,

Clerk of the Council.

AND ALSO AS TO PRESERVATION OF GAME.

125

AUSTRALIAN

WESTERN AUSTRALIA.

COLONIES,

ANNO VICESIMO OCTAVO VICTORIE REGINE.

No. XV.

AN ORDINANCE to provide Summary Redress in cases of minor Trespasses.

[11th July, 1864.] WHEREAS the unrestricted trespasses of persons passing through, over, and about private land, loitering thercon on pretence of searching for stray cattle, and otherwise, tend to augment the exposure to depredation unavoidably suffered by agriculturists, stock, and sheep owners; and brood mares and other stock are much exposed to injury and worry while such trespasses remain cognizable only in the Superior Court, and it is therefore expedient to give Justices of the Peace jurisdiction in cases of minor trespasses; Be it therefore enacted by His Excellency the Governor of Western Australia, and its Depen- dencies, by and with the advice and consent of the Legislative Council thereof, as follows:

Preamble

two Justices:

1. In all cases of trespass committed on lands, tenements, and hereditaments, where Trespass. no bonâ fide question of title shall arise in the course of the proceedings, it shall be when no quer

tion of title lawful for the party or parties aggrieved to prefer his or their complaint before any two ar may be Justices of the Peace, who are hereby required and authorized to hear and determine denied by such complaint, and to award a sum, not exceeding ten pounds and costs, to be paid by penalty ten the party committing such trespass or trespasses, or to dismiss such complaint with costs, ixunda. not exceeding fifty shillings, or without costs; and in the event of nonpayment of the sum awarded and costs, or of the costs awarded, either immediately or within such time as the Justices shall appoint, any Justice of the Peace is hereby authorized by warrant to cause the same to be distrained for, or to commit the party or parties con- victed of such trespass or trespasses, and omitting or neglecting to pay the amounts awarded, to gaol, there to remain for any space of time not exceeding three months, unless the amount be sooner paid.

Ordinance

with right of way through

2. This Ordinance shall not interfere with, or be construed to affect, the rights of any person or persons to pass or repass orderly and quietly through, over, and along any not interfer customary track, path, road, or way leading from any customary or declared public road to the several towns, habitations, stations, and other places to which such track, path, customary

romis, &c., nor road, or way leads, or the rights, powers, or privileges given, granted, or reserved to to affect the Her Majesty or Her subjects, in and by any Ordinance, Law, or Deed; Provided never title of any proprietor in theless that nothing herein contained shall be deemed to affect the title or freehold of such rood, &e any proprietor or proprietors in any such track, path, road, or way.

(L.S.) J. S. HAMPTON,

Governor and Commander-in-Chief. Passed the Legislative Council, this 11th day of July, 1861.

G. E. HAMPTON,

Clerk of the Council

WESTERN AUSTRALIA, ANNO TRICESIMO VICTORIE REGINE

No. VI.

AN ORDINANCE to amend the Ordinances relating to Trespasses by Live Stock.

[9th July, 1866.]

BE IT ENACTED, by His Excellency the Governor of Western Australia and its Depen- dencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. The words "nor less than five pounds" at the conclusion of the second section of the Ordinance passed in the twenty-fourth year of the reign of Her Majesty, No. 8, of ons in un- 1860, are hereby repealed.

(L.S.) J. S. HAMPTON,

Penalty for

authorize

occupation of

Crown lands

Governor and Commander-in-Chief.

not exceeding

nu hundred

pounds.

G. S. PASCOE,

Acting Clerk of the Council.

Passed the Legislative Council this 9th day of July, 1866.