CO885-(2-3) — Page 494

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Reference —

C.O.885

3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-

AUSTRALIAN

Owners of

110

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS,

44. The owner of any entire horse or bull above the age of one year which may be COLONIES. impounded or detained under the provisions of this Act shall be liable to pay by way of damages for every such horse or bull any sum not exceeding five pounds to the pro- i hoprietor impounding any such animal besides all the legally authorized poundage fees and and a tree if the owner shall not release any such animal and such animal at the sale shall not realize sufficient to pay the said sum of five pounds besides the poundage fees as autho- rized by this Act the proprietor impounding may recover the balance from such owner before any two justices.

passing to pay 25 datonges

Travelling stock not tabe impounded

This Act not to prevent

nctionė for

spatial damages.

Penalty for

I'll

Wilful tr paar

Construction

as to debeleg whyung fanu-

1mpris

mut in duult of pay-

Tim

45. It shall not be lawful for the occupier of any unenclosed land through which any public road or thoroughfare may pass to impound the animals of any person who may be travelling along or through any such road or who may stop upon such land during one night or day for necessary rest unless such animals be at a greater distance from the centre of such road or thoroughfare than one-half of a mile or unless such animals be affected with catarrh or scab or other infectious or contagious disease.

any

46. Nothing herein contained shall extend or be construed to prevent the owner of lands trespassed upon from waiving the ordinary damages allowed by this Act and claiming in any competent court full satisfaction for any special damage sustained by him in consequence of any trespass Provided that if the plaintiff in any suit or action for such special damages shall not after waiving the ordinary damages recover more than the amount of such ordinary damages then he shall not be entitled to or recover the costs of the said suit or action from the defendant in the same but the said defendant shall be entitled to or recover from the plaintiff the costs incurred by the said defendant and if the plaintiff in any suit or action for such special damage shall after waiving the ordinary damage become nousuit or discontinue his said suit or action or a judgment be given against him therein the defendant in the said suit or action shall be entitled to and recover from the said plaintiff the full costs of such suit or action to be taxed as between attorney and client.

17. Every person who shall rescue or incite or assist any other person in rescuing any animals lawfully impounded or seized for the purpose of being impounded shall be liable upon conviction thereof before the justices in petty sessions to all costs and damages lawfully chargeable thereupon and also to a penalty not exceeding twenty pounds.

48. Every person who shall wilfully let in or knowingly suffer to enter upon the enclosed land of any proprietor any animals without due authority shall be deemed guilty of a wilful trespass and shall be liable for every such offence to a penalty not exceeding ten pounds Provided that no conviction of such offence shall prevent any civil remely against the offender.

49. In every case in which more proprietors than one hold lands enclosed by one common outward sufficient fence such lands shall for the purposes of the first schélule hereto be deemed as against all persons outside such general fence to be sufficiently fenced but as against each other in cases where no sufficient fence stands between them to be unen- closed lands.

50. Whenever any fine penalty or costs shall have been imposed under the provisions of this Act and the person convicted shall not within two days after said conviction pay

ont of the same it shall be lawful for the convicting justices to order that the same be levied by distress and sale of the goods and chattels of such offender, or in default of such distress to direct that such person be imprisoned in any gaol or house of correction in the Colony with or without hard labour as they shall think fit for a period not exceeding two calendar months if the penalty shall not exceed ten pounds and for a period not exceeding four calendar months if the penalty be above ten and not exceeding twenty pounds and for a period of not exceeding six calendar months if the penalty be above twenty pounds unless such respective penalties and costs be sooner paid.

Proceedings

* behin a

Auminary way no certiorari

Appl

allowed

51. All offences under this Act may be heard and determined in a summary way before any two or more justices in petty sessions, and no pilceedings under this Act shall be removed by artiorari into the Supreme Court and all the forms of information summons warrants orders and convictions under this Act may be prepared in the form required by the Act of Parliament passed in the session of the eleventh and twelfth year of the reign of Her Majesty Queen Victoria intituled * An Act to facilitate the performance of the duties of Justices of the Peace out of sessions within England and Wales with respect to summary convictions and orders" Provided always that such proceedings shall not be invalidated if prepared in any other form which may substantially meet the merits of the case.

52. Any person ordered or adjudged to pay any sum fine penalty or forfeiture amounting to the sum of five pounds who shall think himself aggrieved by the judgment of the justices adjudicating or before whom he was convicted may appeal to the next

AND ALSO AS TO PRESERVATION OF GAME.

111

court of general and quarter sessions to be holden at or nearest to the district within AUSTRALIAN which the same shall have taken place upon giving immediate notice to the justices of his COLONIES. intention so to appeal and finding sufficient security to their satisfaction for duly prose- cuting such appeal at the said next court of general and quarter sessions and for abiding the determination of the said Inst-mentioned court thereon and the justices in such general and quarter sessions assembled are hereby authorized and required to hear and dctermine the matters of such appeal in a summary way and either to confirm or set aside the said conviction and to award such costs to either party as to them shall seem reasonable and such decision shall be final and conclusive.

Conviction

53. Any judgment or conviction duly made under this Act may except in the case of under this Act wilful trespass be pleaded in bar of any suit action or information which shall be com- bar to other menced instituted or prosecuted in any other court whatsoever for the same cause or proslings. offence.

54. This Act shall commence and take effect on and after the first day of October next and shall be styled and may be cited as the "Impounding Act of 1863."

FIRST SCHEDULE.

RATES OF DAMAGE TO BE CHARGED FOR TRESPASS.

Description of Animale Trespassing.

For every horse, mare, gelding, colt, filly, ass, mule, bull,

cow, ox, heifer, steer, calf

For every sheep

For every goat

For every pig

SECOND SCHEDULE.

In any gardon, unent. meadow, or growing crop of any kind enclosed by a Kaflicient fence.

In any paddock of grass in led by=

Aufficient fence.

8. d.

3.

d.

2 6

20

0

0

I

0

5 0

20

0

5 0

20 0

RATES OF MILEAGE FOR DRIVING ANIMALS TO POUND.

Description of Animals Trespassing.

Every horse, mare, gelding, bull, cow, ox, heifer, steer,

calf.

Every one hundred rams, ewes, sheep, or lambs, or

under that number

Date:

בויייייין

Particulara of

animals im

pourudūd.

Braints and marke.

Per Mile.

9-88

One half-penny per head.

Sixpence.

THIRD SCHEDULE.

FORM OF POUNDKEEPER'S Book.

Owner.

By whom ita-

papred

For what cause

papanodrut

-

Time and mol of

Raid

owner.

How disposed of.

lensed or sold

Time when re

TEICAMS OF Bl.

Particulars of

Commence.

ment and

short title.

1

1

112

AUSTRALIAN COLONIES.

17

LAWS IN FORCE IN THE COLONIES AS TO TRESPASS.