CO885-(2-3) — Page 493

PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

COLONIES.

Time uni mole of sell- in urmala impounded.

108

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

AUSTRALIAN tenth day after they were impounded in cases where notice of impounding shall have been given to the owner by delivering the same to him personally or by leaving the same at his usual place of abode and in all other cases on the sale day next after the twenty-fourth day after such notice shall have been despatched through the post or inserted in a local newspaper And all such sales shall take place at the public pounds where the said animals shall have been impounded and shall commence at the hour of noon and not more than ten head of sheep or goats or five pigs shall be put up in one lot and not more than one horse or one head of cattle and neither the person who impounded the said animals nor the person acting as auctioneer nor the pound keeper nor his surety shall himself or by or through any other person purchase the said animals or any of them upon pain of forfeiting the same together with the purchase money and of paying the further penalty of five pounds for each offence.

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29. The person holding any such sale shall receive the proceeds thereof and after retaining thereout a sum for commission at the rate of five pounds per centum upon the amount realized shall pay over the said proceeds to the poundkeeper and the said pound- keeper shall apply the said proceeds first in payment of all lawful fees rates and charges due to the poundkeeper next in payment of all damages and driving expenses and shall within ten days after any such sale transmit the residue of such proceeds to the Treasurer of the Colony together with a detailed account of the several animals sold and of the amount realized upon each lot and of the commission and other charges paid upon each lot.

30. Any moneys so transmitted to the said Treasurer shall be held by him in trust for the original owners of the several animals sold and in case no claim he made to such moneys within two years after the same were transmitted to the said Treasurer it shall he lawful for the Governor by warrant under his hand to direct that the same be paid to the treasurer or other authorized officer of the benevolent asylum or hospital of the district where the sale was held or if there be none in any such district then to the nearest benevolent asylum or hospital.

31. Every poundkeeper shall at the termination of every calendar month furnish to les the clerk of petty sessions an account in writing in the form in the fourth schedule hereto of all impounded cattle sold during the month and shall with such account forward the certificates orders or authorities upon or under which such sales were made and the justices in petty sessions shall order the clerk of petty sessions to verify the same mth and to compare the said account with the said certificates orders or authorities and to cause any error or omission therein to be duly rectified by such poundkeeper and on being satisfied of the correctness thereof to forward the said account with a certificate of its correctness to the Treasurer of the Colony and a copy of such account shall also be allixed by such clerk of petty sessions on some conspicuous part of the courthouse for at least one month and if any poundkeeper or clerk of petty sessions shall fail or neglect to do and perform any of the several matters hereby directed by them respectively to be done and performed he shall forfeit and pay for every such offence any sum not exceed ing five pounds,

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32. Previous to any such sale being held the chief constable of the district or such other police officer as may be thereto appointed by the justices in petty sessions shall examine the animals impounded and the pound-book and shall certify under his hand that the animals intended for the then next sale are (if such be the case) correctly described in such pound-book and in the notices required by this Act and that sufficient time has elapsed to entitle such animals to be sold "And no animals except in the cases provided for in the thirty-fourth and thirty-fifth sections of this Act shall be sold except upon such certificate

33. Any police officer giving a false certificate shall be liable in addition to dismissal to a penalty for each offence not exceeding twenty pounds.

31. Any poundkeeper notwithstanding anything in this et contained may without other preliminary thin an order obtained from a justice cause to be sold at the next appointed day of sale any unbranded cattle or horses which have been impounded above the age of twelve months with their foals and calves if any.

35. Any poundkeeper may under the written authority of any owner of imp.anded

sy banimals cause the same to be sold at the then next appointed day of sale.

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36. Any proprietor upon whose land any animals are found trespassing may drive the same to the public pound nearest by a practicable road or highway to the land where the same were trespassing or if such land be equidistant or nearly so from two pounds a then to either thereof and may on any business day between sunrise and sunset deliver them to the poundkeeper to be impounded and shall at the same time deliver a writte. memorandum specifying the miniber brands (if any) and description of the animals

AND ALSO AS TO PRESERVATION OF GAME.

109

impounded the name of the owner or supposed owner (if known) the place where such AUSTRALIAN

COLONIES. animals were trespassing and the amount of damages claimed and any proprietor who shall impound any animals in any pound or place not authorized by this Act or in any manner contrary to its provisions shall upon conviction thereof forfeit and pay for each offence a sum not exceeding ten pounds.

other place

37. Any proprietor upon whose land any cattle horses or sheep are found trespassing Temporary may if he know their owner temporarily impound the same in any convenient place for detention in 2 period not exceeding four days Provided that he shall within twenty-four hours give than pound. like notice to such owner as hereinbefore enacted to be given by the poundkeeper in the case of animals not immediately claimed and shall feed and maintain 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 maintaining 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 for damage except for such as was done before the temporary impounding.

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38. Any proprietor may send any animals found trespassing on his land to any convenient place near the residence of the owner and at the same time may demanding may

taken home payment of the damage done according to the rate fixed by the first schedule hereto and and dange

stevil. thereupon such owner shall pay the same as satisfaction of such trespass and if he fail to pay the same the justices in petty sessions may upon proof of the trespass and of the sum claimed being due and of such default being made order the said sum together with reasonable costs to be paid by the owner so making default.

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39. In case any animals shall be impounded and the owner shall dispute the amount If damage of damages claimed or the nature of the trespass alleged to have been committed or disputed ani shall deny the legality of the impounding such owner may allow such animals to male to be te- remain in the pound until the case shall have been decided as hereinafter provided or

pound keeper may pay the damages demanded and the authorized pound fees and release the said keep animals giving at the same time notice to the poundkeeper that he intends to appeal appl against such damages or impounding (as the case may be) and upon receipt of any such decided. notice the poundkeeper shall not pay over such damages to the impounding proprietor but shall retain the same until the case shall have been decided as hereinafter provided.

40. Any owner disputing the damages or impounding as aforesaid may make complaint to any justice who shall summon the person complained of to appear heart before the court of petty sessions and the justices assembled at such court shall sum- decide upon

legality of marily hear and determine the matter of such complaint and upon proof of the trespass t and of the damages being duly claimed or of the legality of the impounding (as the case may he) shall order and award that the damages are legal and proper and thereupon if the animals impounded shall have continued in the pound the same course shall be observed with regard to their detention sale and other matters as if they had been impounded under ordinary circumstances or if the owner shall have released the said animals the poundkeeper upon the order of the said justices shall hand over to the impounding proprietor the damages retained by him as aforesaid but if it shall appear that the impounding was illegal or that the damages claimed were excessive then the said justices shall order accordingly and by such order may award to the owner of the animals impounded such compensation as they shall think fit not exceeding the amount of the damages claimed and may order the impounding proprietor to pay all pound fees sustentation fees and rates of driving in respect of the said animals and the justices hearing any such appeal may award costs to either party,

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41. Any constable or police officer in charge of animals alleged or proved to have · Lodging been stolen may lodge such animals in any public pound for safe custody and may safe stoly

And in every such case remove or authorize the removal of the same at his discretion

the only charge made by the poundkeeper shall be the cost of sustaining such animals according to the scale for sustenance as aforesaid.

42. The proprietor of any lands enclosed by a sufficient lence may destroy any goats swim fresja-

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or swine found trespassing thereon.

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43. Every person who shall drive or attempt to drive any animals being his own or el-sel lands belonging to any person duly authorizing him from the land and out of the herds or flocks of any proprietor without first giving him notice of his intention so to do shall be liable for every such offence to a penalty not exceeding five pounds and every person driveway who shall so drive or attempt to drive any animals not being his own or belonging to without stive any person duly authorizing him as aforesaid shall be liable to a penalty not exceeding d ten pounds Provided that nothing herein shall affect any criminal proceedings for such t driving if applicable thereto,

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