CO885-(2-3) — Page 491

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PUBLIC RECORD OFFICE

Reference -

C.O.885

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

3 PUBLIC RECORD OFFICE, LONDON

COLONIES.

104

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS, AUSTRALIN place of abode or business shall hear and inquire into the subject matter of such information and on being satisfied of the truth thereof either by the admission of the person informed against or on other evidence such Justices shall issue their warrant addressed to the sheriff or deputy sheriff or Commissioner of Crown lands or to any chief or district constable requiring him forthwith to dispossess and remove such person from such land and to take possession of the same on behalf of Her Majesty and the person to whom such warrant is addressed shall forthwith carry the same into execution provided that the lessee or manager of a run may in like manner lay an information against any person who shall be in unlawful occupation of any part of the land included in his licence lease or promise of lease.

Petites for toepassing.

עודתי

tipl

Listing Act.

herpret4-

11

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punds and

money fr them.

72. Any person unless lawfully claiming under any subsisting lease or licence or otherwise under this Act who shall be found occupying any Crown land or land granted reserved or dedicated for public purposes either by residing or by erecting any hut or building thereon or by clearing digging up enclosing or cultivating any part thereof or cutting timber otherwise than firewood not for sale thereon shall be liable on conviction to a penalty not exceeding five pounds for the first offence and not exceeding ten pounds for the second offence and not exceeding twenty pounds for the third or any subsequent offence provided that no information shall be laid for any second or sub- sequent offence until thirty clear days shall have elapsed from the date of the previous conviction.

QUEENSLAND.

ANNO VICESIMO SEPTIMO VICTORIE REGIN.E. No. XXII.

AN ACT to Regulate the Impounding of Cattle.

[Assented to 21st September, 1863.] WHEREAS it is expedient to amend the laws relating to the impounding of cattle and to make better provision in that behalf Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows-

1. The Act nineteenth Victoria number thirty-six being the "Impounding Act of 1825" is hereby repealed.

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2. For the purposes of this Act the following terms in inverted commas shall unless the context otherwise indicate bear the meanings set against them respectively--

"Cattle "-Bulls cows oxen heifers steers and calves

"Horses "-Horses mares geldings colts and fillies asses and mules

'Sheep' Rams ewes wethers and lambs

"Animals"-Cattle horses sheep goats and swine

Poundkeeper "Any person having the authorized charge of any public pound "Sufficient fence "-Such a dividing fence or other boundary line natural or artificial between adjoining lands as the petty sessions shall deem to be sufficient to prevent trespass by animals ordinarily controllable

"Justice "Any Justice of the Peace

"Petty Sessions "The Court of Petty Sessions of the district in which any

pound is situate

"Proprietor "Any holder or occupier of land under whatever tenure or any superintendent overseer or other duly authorized person acting for and on behalf of any such holder or occupier

"Owner"-Any person owning animals or any agent or overseer of any such

owner.

Governor to 3. The Governor with the advice of the Executive Council may by notice in the Government Gazette appoint convenient places on any Crown land for establishing public mayavance pounds and may issue by warrant any sum not exceeding fifty pounds for substantially erecting any such pound or where a pound is deemed necessary and there are no Crown lands convenient for the purpose may advance a sum not exceeding twenty pounds towards substantially erecting a pound on private land such advance to be repaid by the owner of such land and in the meantime to be a primary charge on such private land And in the former case the poundkeeper shall on demand deliver up the pound in good repair to any newly appointed poundkeeper or may on application be ejected therefrom by order of petty sessions Provided that the Governor with the like advice may order

AND ALSO AS TO PRESERVATION OF GAME.

105

any pound erected at public cost to be abandoned and may thereupon direct the removal AUSTRALIAN of the fencing and other materials thereof although on private land or may in the latter Coosiga. case sell such fencing and materials to the owner.

4. Every pound to be erected as aforesaid shall be properly fenced and enclosed and Pound Low adapted as far as may be for keeping animals affected with any infectious or contagious to be erectal. disease separate and apart from those in health.

koupen

5. The justices in petty sessions assembled in and for any district in which any pound Jnative established under this Act may be situate shall so often as may be necessary appoint und some fit and proper person to be poundkeeper of such pound and may remove any pound keeper guilty of any neglect or offence under this Act Provided always that all pounds and poundkeepers established or appointed at the time of the passing of this Act shall be deemed to be pounds and poumlkeepers established and appointed under this Act and subject to the provisions thereof.

Existing

special court j-tty

6. Whenever the establishment of any pound shall have been notified as aforesaid or the office of any poundkeeper shall have become vacant the justice or justices present una con- at the next ordinary court of petty sessions for the district after such notification or after Poundkeepers such vacancy

to be op shall appoint a day not less than fourteen days thereafter for the holding t of a special court of petty sessions for the appointment of a poundkeeper and the clerk of petty sessions shall forthwith give notice of the day so appointed to all justices resident within the police district Provided always that the justice or justices appointing such day may nominate some person to act temporarily as poundkeeper until such special court of petty sessions shall have been holden and a poundkeeper duly appointed Provided that all appointments of poundkeepers shall not be for a longer period than twelve months but all poundkeepers so appointed may at the expiry of each period of twelve months be eligible for re-appointment And provided further that no pound keeper so appointed shall be permitted directly or indirectly to assist in impounding under a penalty of ten pounds.

curity.

7. Previous to the appointment of any such poundkeeper the justices making such Poundkeep-ro appointment shall require the person about to be appointed to enter into a bond to Her to give Majesty with sufficient sureties in such amount as they may deem advisable conditioned that he shall well and truly perform the duties of such poundkeeper and account for and pay over all fees or moneys received by him in such capacity to such persons and in such manner as is by this Act directed.

to be ga-

8. A notification of the appointment or removal of any poundkeeper or the establish- Pounds and ment or abolition of any public pound shall be inserted in the Government Gazette and punkeepers such notification shall be deemed and taken for all intents and purposes to be evidence zetted. that such pound keeper or pound hath been legally appointed removed established or abolished as in the said notification is mentioned.

book for entry

eattle which

9. The keeper of every public pound shall have and preserve at or near to the said Pound- pound a copy of this Act and shall also keep a pound-book ruled marked and divided keper to keep into columns as near as may be in the form in the third schedule hereto and he shall in enter into the said pound-book in a legible hand the particulars of all animals lodged in pounded the pound specifying the day and hour as near as may be when and the cause for which may b the same were respectively impounded and the person by whom they were sent the time speed. and mode of giving notice of the said impounding as by this Act required and also when and in what manner the same were released and by whose order and to whom delivered the particulars of all sales and of the proceeds thereof and the said entries shall be made at the time the said acts were respectively done or as soon after as possible but not after any dispute concerning such entry shall have arisen and a copy of this Act and the said pound-book shall once in every month if such pound be distant not more than twenty- five miles from any court of petty sessions be produced before the nearest bench of magistrates and shall at all reasonable times be produced by the said poundkeeper to and be open for the inspection of any Justice or member of the police force free of charge and of any other person desiring to see the same upon payment to the said poundkeeper of the sum of sixpence for every such inspection and the said poundkeeper shall grant extracts signed by himself from the said pound-book upon payment of one shilling for every such extract not exceeding one hundred words and for every subse quent number of words not exceeding one hundred sixpence and if any poundkeeper shall neglect or refuse to produce a copy of this Act or the said pound-book for the inspection of any Justice or member of the police force or of any person desiring to see the same upon liis lawful fee for the same being first paid or offered to be paid or shall neglect to make any lawful entry therein he shall forfeit and pay for every such default a sum not exceeding five pounds and if any poundkeeper shall wilfully delay making any entry or shall knowingly make any false entry in the said pound-book" or shall

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