CO885-(2-3) — Page 487

PUBLIC RECORD OFFICE❘ Reference -

TTTC.O.885

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIČ- COPYRIGHT PHOTOGRAPH-NOT TO

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AUSTRALIAN keeper knows the owner of any impounded goats or swine residing within three miles of

the pound, he shall forthwith send him notice of the impounding,

L'OLONIES.

Notice to persons un known

Fees for notices of im pounding.

Panagia

and pensity for

injury by her fest of pound

T

Tubrales cattle to be weld

utright.

Ammade my be sold on a- thority of

OWNER.

Mode of sale.

of proceeds of male and arnunt.

15. If the owner of any animals he not known, the poundkeeper shall, within twenty- four hours after the impounding, post a like notice at the nearest Court of Petty Sessions, if within twenty-five miles of the place of impounding, and if not, then with reasonable speed, and shall with all possible despatch, insert the same in the Gurzett. and a local newspaper.

16. Every poundkeeper shall demand and receive for every notice duly sent by post one shilling, and if sent otherwise, at the rate of sixpence per mile of such distance travelled in proceeding to the residence of such owner, with the actual costs of inserting any notice in the Gazett, and local newspaper. Provided, that one notice only shall be charged for any number of animals belonging to the same owner, and impounded at the same time. Provided also, that every poundkeeper may detain all animals impounded until all fees and charges authorized by this Act shall be paid, or tendered, or until their sale.

17. Every poundkeeper who shall take or demand any sum for anything done by him under this Act otherwise than is hereby authorized, or shall fail to pay to the occupant on demand any damages received by him from the owner of impounded animals, or shall fail duly to provide sustenance to any such animals, or shall work any cattle or horses impounded, or shall, as such poundkeeper, contrary to this Act do, or neglect anything whereby damage is incurred by the Crown, or by any person, may be ordered by any competent Court to make compensation for such damage, and shall also be liable to a penalty not exceeding ten pounds.

18. The poundkeeper, notwithstanding anything in this Act contained, may, without other preliminary than an order obtained from a Justice, sell at the next appointed day of sale any unbranded cattle or horses, above the age of twelve months, which have been impounded, and shall pay over two-thirds of the proceeds of their sale to the occupant so impounding.

19. Any poundkeeper may, under the written authority of of any owner of impounded animals. sell the same at the then next appointed day of sale,

20. All sales of impounded animals under this Act shall be held at noon, by auction, at the public pound, by the poundkeeper, who may so sell without an auctioneer's licence, and no auction duty shall be paid; and before every such sale a sufficient hand- bell shall be rung, for fifteen minutes at the least. Provided, that not more than ten sheep, or goats, or five swine shall be put up in one lot, nor more than one horse, or one head of cattle, unless in the case of a cow with her calf, or a mare with her foal, such calf or foal being under six months old; and the poundkeeper, or his surety, or any Justice ordering the sale shall, if he purchase any animal sold, be liable to a penalty not exceeding twenty pounds.

Application 21. Every poundkeeper shall apply the proceeds of all sales of impounded animals in payment first of the pound fees, of the charges for sending notices, and for advertising, and for sustenance, all which he may keep to his own use. And he shall, within ten days after the end of every month, furnish to the Clerk of Petty Sessions a transcript from the pound book for the previous month, and shall at the same time pay to such clerk the remainder of such proceeds and other charges authorized by this Act, excepting trespass damages lawfully due to the person impounding, if claimed previously to making any monthly payment. And such Clerk, on receipt of such transcript and moneys, shall compare and verify the same, and cause any error or omission therein to be rectified by such poundkeeper; and, on being satisfied of their accuracy, shall forth- with forward the same, with a certificate of such accuracy, to the Colonial Treasurer, together with such moneys, and also all other moneys then in his hands, arising from penalties under this Act, and shall affix a copy of such transcript on some conspicuous part of the Court House for at least one month for general information.

Animals tres passing to be

22. Any occupant upon whose land any animals shell trespass may drive, or otherwise impounded in take, or send, the same to the public pound nearest, by a practicable road or highway, nearest pound to the land where the same were trespassing, or if such land be equidistant, or nearly so, from two pounds, then to either thereof, and may on any business day between sunrise and sunset deliver them to the poundkeeper to be impounded. Provided, that should there be no poundkeeper at the nearest pound, then at the nearest pound having a poundkeeper.

Temporary Teksten in

Le pince that pround.

23. Any occupant upon whose land any animals are found trespassing may, if he know their owner, temporarily impound the same in any convenient place on his own premises for a period not exceeding four days. Provided, that he shall within twenty- four hours give like notice to such owner as hereinbefore enacted to be given by the

97

COLONIES.

AND ALSO AS TO PRESERVATION OF GAME.

poundkeeper in the case of animals not immediately claimed, and shall feed and main- AUSTRALIA'S tain such animals while so impounded, and may at the expiration of such time, if not sooner duly released, deliver them to the poundkeeper to be impounded in the nearest public pound. Provided also, that he may make a charge for such feeding and main taining them, and for sending notice, not exceeding such as might by law be made by the nearest poundkeeper, but shall not be entitled to any compensation fo damage except for such as was done before the temporary impounding. Provided always, that any occupant contemplating impounding may detain animals on his own premises for twenty-four hours prior thereto.

Animals tres- passing tany

taken hote

recovered.

24. Any occupant may send any animals found trespassing on his land to any con venient place near the residence of the owner, and at the same time may demand payment of the damage done, according to the rate fixed by the first Schedule of this and damage Act, together with the charges for driving, as fixed by the second Schedule of this Act, and thereupon such owner shall pay the same as satisfaction of such trespass, or in default thereof, the occupant may recover the same as a debt in the nearest competent Court, with reasonable costs of suit.

Occupant IDRY detain

nges after

25. Any occupant may detain any animals trespassing on his land, and give notice to the owner thereof of such detention, stating where they are, and requiring him to animals and remove them, and may demand damages according to the rate in the first Schedule, and recover datu- costs of sending such notice; and if not released within twenty-four hours after such notice, he may turn at large such animals, and may recover in a competent Court such damages and charges for notice as are hereinbefore provided to be paid to a pound- keeper for similar service.

notice.

animals for saf·

26. Any person duly authorized by the Minister, by any magistrate, or by any police Lodging officer in that behalf, may lodge any animals lawfully in possession or custody of such custody. person in any public pound for safe custody, and may remove or authorize the removal of the same at his discretion. And in every such use the only charge made by the poundkeeper shall be the cost of sustaining such animals, according to the scale for sustenance as aforesaid.

27. The occupant of any lands enclosed by a fence sufficient for cattle and horses ordinarily controllable, may destroy any goats or swine found trespassing thereon.

Goale or

28. Any occupant finding any unbranded cattle or horses above the age of two years stre trespassing on his land, may destroy the same.

29. Where any cattle, horses, or sheep, impounded in a public pound shall not be ing may be de duly released withiu four days after notice duty served on the known owner thereof or, in case the owner is not known, within fourteen days after such notice shall have atunclaimed been duly advertised, such periods respectively being reckoned exclusive of the day of tole such service, or of the first advertisement thereof-any Justice, upon being satisfied that the pound keeper has complied with the provisions of this Act, may by order under his hand authorize the sale of such cattle, horses, or sheep, and such sale may take place on a sale day to be advertised. And any goats or swine impounded may be sold on any business day, of which notice shall have been posted on the pound, not being less than three days after being impounded.

awine trespasG • ing may be di

Cabranded! caulo trespo stryed.

Froceedings

animale prior

mile from romsl

30. Occupants of unenclosed Crown lands through which any public road or thorough- Animale half fare may pass, may not impound any cattle, horses, or sheep, travelling along or through may be im any such road or thoroughfare, unless they be at the time of seizure at a greater pounded. distance from the centre thereof than half a mile. Provided, however, that unless prevented by rain or flood, such horses or cattle shall be moved on or along such road or thoroughfare at least ten miles, and such sheep at least six miles, in one direction within every successive period of twenty-four hours.

age.

Owners of

31. The owner of any entire horse, or bull, above the age of one year which may be entire horses impounded or detained under the provisious of this Act, shall be liable to pay by way of and bulla f damages for every such horse, or bull, any sum not exceeding five pounds to the party pay dam impounding the same, besides all the legally authorized poundage fees, and if the owner shall not release any such animal, and it shall not realize at the poundkeeper's sale sufficient to pay the said penalty, besides the poundage fees, such owner shall pay the balance to such impounding party, to be recovered before any two Justices in Petty Sessions assembled.

Animals

to be drive away without

32. Every person who shall drive, or attempt to drive, any animals, being his own, or belonging to any person duly authorizing him, from the land, and out of the herds or flocks of any occupant, or without first giving him two days' notice, if required, of his tice to vi intention so to do, or who, having given such notice, shall proceed to carry it into effect Jam without calling upon the occupant to enable him, if he pleases, to accompany him, or send a servant to do so, shall be liable to a penalty not exceeding five pounds, and

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