CO885-(2-3) — Page 492

PUBLIC RECORD OFFICE

C.O. 8

Reference -

.885

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3 PUBLIC RECORD OFFICE, LONDON

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106

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AUSTRALIAN Wrongfully erase or destroy any entry previously made therein he shall forfeit and pay COLONIES. for every such offence a sum not exceeding twenty pounds and every poundkeeper on his resignation or removal shall deliver such pound-book to the clerk of petty sessions of the bench by whom he was appointed or to any person authorized by the petty sessions to receive it.

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10. Every poundkeeper shall also keep a book in which he shall from time to time enter the descriptions of all stray animals coming under his observation or brought to his knowledge with the names and addresses of their owners if known to him and such other particulars as may lead to the recovery of them by their proprietors And such book shall at all reasonable hours be open to the inspection of any person on payment of a fee of one shilling.

I. Every poundkeeper shall also keep a book for registering the brands or other marks of animals and any person upon paying to the poundkeeper for his own use a fee of five shillings shall be entitled to have his brands together with his name and place of residence entered in such book.

12. Every poundkeeper shall at his own cost keep the pound to which he is appointed clean and in good repair and shall supply the animals impounded therein with sufficient and wholesome food and water and the poundkeeper may send such animals out of his pound at fit times and to fit places for grazing or watering but not more than six miles from the pound. Provided that every poundkeeper shall be responsible to the owner of any impounded animals for every loss or damage occasioned by any wilful act or neglect of himself or his servants.

13. Every pound keeper may demand and receive as pound fees for the animals impounded the several and respective sums following that is to say for the first or only head of horses cattle goats or swine the sum of sixpence and for every additional head of horses cattle goats or swine impounded at the same time and upon the same account the sum of threepence each and for the first or only sheep the sum of fourpence and for every additional sheep impounded at the same time and upon the same account the sum of one penny cach,

14. The several sums so by this Act authorized to be demanded and taken by any such poundkeeper as pound fees shall be taken and deemed to be in full satisfaction as pound fees to such poundkeeper for three days consisting of seventy-two hours next after the time when such animals shall be so impounded whether such animals shall remain impounded during the whole or during a part only of seventy-two hours and after such three days it shall be lawful for any poundkeeper to demand and take one-half of the like sum at the rate hereinbefore mentioned for every additional seventy-two hours during the whole or any part of which any animals of the description hereinbefore mentioned shall remain in the custody of such poundkeeper in such pound.

15. The fees as herein set forth may be demanded by any poundkeeper as the pound fees irrespective of the fees for food or for giving notice as hereinafter provided and all such fees shall be paid to such poundkeeper as remuneration for his services as pound- keeper and keeping the pound in repair.

16. The justices in petty sessions may from time to time appoint and fix the fees which it shall be lawful for the keeper of any pound to charge and receive for his own use for the sustenance of the animals impounded therein.

17. Any proprietor impounding any animals in the public pound may charge and receive for them respectively to his own use the rates of damage fixed by the first

schedule hereto.

15. There shall be charged for the driving of any animals impounded rates per mile apple according to the scale fixed in the second schedule hereto including all tolls or ferry dues incurred in such driving and the amount of such rates shall once in every month be paid by the poundkeeper to the treasurer or other authorized officer of the benevolent asylum or hospital of the district where the pound is situate or if there be none in the district then the same shall once in each month be transmitted to the nearest benevolent asylum or hospital.

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B. In every case in which the same animal shall be found trespassing on the same land more than once and any such trespass shall take place within thirty days after a preceding one there shall be charged for the second such trespass twice the rate of damage authorized by the first schedule.

20. Within twenty-four hours after the impounding of any animals the poundkeeper shall post a written notice on the gate or on some other conspicuous part of the pound setting forth a description of such animals and such notice shall remain so posted until such animals. shall have been claimed or otherwise disposed of according to this Act And every poundkeeper who shall neglect to post such notice or keep the same so

AND ALSO AS TO PRESERVATION OF GAME.

107

posted shall for every day of such neglect be liable to a penalty not exceeding forty AUSTRALIAN Shillings.

COLONIES.

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21. When any cattle horses or sheep impounded in a public pound shall not be immediately claimed by the owner or some one on his behalf the poundkeeper shall pending to within twenty-four hours thereafter send a notice to the owner if known and residing prictors. within ten miles of the pound and if residing at a greater distance then by a registered letter through the general post such notice to contain a description of such animals with their brands and marks the place from which and the person by whom they are impounded the date of their impounding a statement of the time and place of their intended sale if not duly released and the sum which shall at the date of such notice be lawfully chargeable on the same Provided that every proprictor residing within ten miles of a pound may instruct the poundkeeper in writing by which of such modes such notice shall be sent and the poundkeeper shall act accordingly. Provided also that when the poundkeeper knows the owner of any impounded goats or swine to be residing within three miles of the pound he shall forthwith send him notice of the impounding.

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22. If the owner be not known the poundkeeper shall within twenty-four hours after the impounding post a like notice at the nearest court of petty sessions and shall insert run- the same in the next practicable number of the Gazette and the nearest local news- paper.

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2. Every poundkeeper shall demand and receive for every notice duly sent by post one shilling together with the amount of postage paid thereon and for every notice of i given by any other means at the rate of sixpence per mile with the actual cost of inserting any notice in the Gazette 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 shall detain all animals impounded until all fees and charges authorized by this Act shall be paid or tendered or

until their sale.

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21. The keeper of every public pound shall erect and maintain on or near some conspicuous part of the said pound a board having painted therron in legible white teet Laund characters on a black ground or black characters on a white ground a table of all the painted there fees and charges he is by this Act or by the justices in pelly sessions authorized to demand have and receive together with all rates of damages as allowed by this Act and if he shall fail to keep and maintain such board in proper repair after it has been erected or peglect to make any alteration therein which may afterwards become necessary within a reasonable time after the said alteration ought to be made or shall knowingly paint or cause to be painted any false statement thereon he shall forfeit and pay for every day that such board shall not be erected except during such reasonable time as the same shall be taken down for alteration or repair and for every day that such board shall not be maintained in proper repair or a lawful alteration be not made after a reasonable time for making the same respectively shall have clapsed as aforesaid the sum of one pound and for every day that lie shall knowingly suffer any false state- ment to remain on the said board the sum of five shillings,

25. If any poundkeeper wilfully suffer any animals affected with any contagious or amager nud jury by neglect infectious disease to be in the same enclosure with animals not so atleeted or shall fail to salty for in- keep his pound clean and in good repair or shall take or demand any sum for anything of pound" done by him under this Act other than is hereby authorized or shall fail to pay to the keeper. proprietor on demand any damages received by him from the owner of impounded animals and not paid over as hereinafter enacted or shall fail to give any notice required by this Act or shall fail duly to provide any such animals with food and water or shall work or use any animals impounded or shall be guilty of any offence or neglect under this Act whereby damage is incurred by the Crown or by any person such poundkeeper shall be liable on conviction before the justices in petty sessions to pay a penalty not exceeding ten pounds and also to make compensation for any such damage.

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26. The Governor with the advice aforesaid may by notice in the Gazete and local newspaper fix some three days in every month on which sales of animals impounded math to t may take place at the several pounds in the Colony. And every such sale shall take place on such days only unless any of them happen to be Good Friday Christmas Day or any public holiday and then on the next business day.

27. All such sales shall be by auction and shall be held and made by the clerk of person as petty sessions of the district in which the pound is situate or by such other

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the justices in petty sessions shall appoint and any such clerk of petty sessions or other meatulis. person may hold and make such sales without being a licensed auctionver,

25. All animals impousled under this Act shall be sold on the sale day next after the

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