Assessment on Stock Act 1847 No 18a (NSW)
No. XVIII.
An Act to authorize for a limited t ime an Assess ment upon Stock pastured beyond the Settled Districts of New South Wales. [17th Sep tember, 1847.]
WH E R E A S it is necessary to m a k e provision for t he and good government of all persons res iding beyond the
protec t ion
Set t led Dis t r ic ts of t he Colony of N e w South "Wales and by reason thereof it is expedient t h a t an assessment should be raised and levied upon all stock pas tu red beyond the said Settled Dis t r ic ts Be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales w i th t he advice and consent of t he Legislat ive Counci l thereof Tha t in each and every year the re shall be levied and paid upon and in respect of t he stock of every person pas tu r ing or keeping the same upon any lands s i tuate beyond the Set t led Dis t r ic ts of t he said Colony as t he same now are or hereafter m a y be defined the assessment following t h a t is to say—for every sheep the sum of one halfpenny for every head of cat t le t h e s u m of one penny halfpenny and for every horse t he sum of three-pence which assessments respectively shall be paid by the person assessed before t h e first day of Apr i l in each year at t h e office of t he Colonial Treasurer in Sydney or Sub-Treasurer at Melbourne or to such o ther officer or officers or at such other place or places as shall be appoin ted in t h a t behalf by t h e Governor for t he t ime being.
2. A n d be it enacted Tha t every person p a s t u r i n g or keeping
stock as aforesaid shall m a k e or cause to be made to t h e Commissioner of t h e distr ict where in t h e said stock is pas tured a r e t u r n on the first day of J a n u a r y or wi th in fourteen days thereaf ter in each and every year according to t he form contained in t h e Schedule he reun to annexed marked A of all sheep cat t le and horses kept and pas tu red by h im as aforesaid and if any such person shall fail or neglect t o m a k e or cause to be m a d e such r e t u r n a t t h e t ime so appointed or shall omit to deposit t h e same wi th t h e said Commissioner in m a n n e r hereby requi red he shall on convict ion before any two or more Jus t i ces of t he Peace forfeit and pay for every such offence a sum not less t h a n forty shil l ings no r exceeding fifty pounds .
3 . A n d be i t enacted Tha t after t h e first day of M a r c h in each year i t shall a n d m a y be lawful for t h e Commissioner and his assis tants in each and every distr ict (bu t subject to such directions as t h e Governor m a y t h i n k proper to give in any case) to seize and drive to t he nearest or most convenient pound all ca t t le and horses pas tu r ing as aforesaid whereof a r e t u r n shall no t by t h a t t ime have been m a d e by the person keep ing or pa s tu r i ng t h e same in conformity wi th t h e provisions in t h a t behalf hereinbefore contained and the said cat t le and horses to sell and dispose of at such pound according to t he ord inary course of sales of ca t t le and horses impounded for t respasses unless in t he m e a n t i m e the owner thereof shal l have claimed the same and shall pay by way of pena l ty to t he said Commissioner or poundkeeper t he s u m of two shil l ings and sixpence for every head of such cat t le and horses toge ther wi th t h e expenses chargeable thereon for poundage and food which penal ty and expenses t h e owner of such cat t le and horses shall be liable to pay Provided always t h a t u ipon such claim being made by a person who shall satisfy t he said Commissioner or poundkeeper t h a t he is the lawful owner of any such cat t le and horses so impounded and upon such paymen t as last aforesaid t he said catt le and horses shall be restored to such owner A n d provided further t ha t all moneys
realized
realized by any such sale as hereby author ized and all paymen t s m a d e as aforesaid shall be for thwith t r ansmi t t ed by or t h r o u g h the said Com missioner to t h e Colonial Treasurer at Sydney or t he Sub-Treasurer at Melbourne or to such other officer as may in t h a t behalf be appointed by t h e Governor and the surp lus realized by any such sale as aforesaid over and above the a m o u n t of such pena l ty as last aforesaid and the expenses aforesaid shall be paid to t he owner of any such cat t le and horses so sold upon a certificate from the said Commissioner of his be ing such owner.
4. A n d be it enacted Tha t the person m a k i n g such r e t u r n as
aforesaid shall verify t h e same by a declarat ion in t he form or to t he effect prescr ibed in the said schedule (which declarat ion any Jus t i ce of t he Peace is hereby empowered to adminis ter ) t h a t t he several ma t t e r s and th ings contained in such r e t u r n are t r u e to the best of his know ledge and belief and if any person shall wilfully make there in any false s t a t emen t as to any mate r ia l pa r t i cu la r he shall be deemed gui l ty of a misdemeanor and be ing convicted thereof shall be l iable at t he discre t ion of t he Cour t to fine and impr i sonment or e i ther .
5. A n d be i t enacted Tha t t he several Commissioners shall a t
t h e beg inn ing of each and every year m a k e an assessment on the stock pas tured wi th in thei r respective dis tr icts and shall on or before t he first day of F e b r u a r y t h e n nex t ensu ing m a k e a re tu rn thereof to the said Colonial Treasurer or Sub-Treasurer or other person appointed as aforesaid in t h e form and conta in ing the several par t icu la rs set forth in t h e Schedule to th i s Ac t annexed marked wi th the let ter B accord ing to which r e t u r n t he assessment hereinbefore men t ioned shall upon not ice as hereinafter provided be due and payable as aforesaid by the persons there in assessed except in so far as t h e same m a y be affected by any order made on appeal under t h e provisions hereinafter con tained.
6. A n d be it enacted Tha t t he said several Commissioners shall no t less t h a n one calendar m o n t h previous to t he t ime hereinbefore appointed for t he paymen t of t he said assessment cause a notice in wr i t ing in t he form contained in t h e Schedule he reun to annexed marked C to be served upon each person assessed or to be left at t he residence of such person (if wi th in t h e district) or wi th the superin t enden t or person hav ing the charge of his stock (if t he owner thereof shall no t reside wi th in the district) appr is ing h im of the amoun t of t he assessment wi th which he is l iable and requ i r ing h im to pay the said amoun t a t t he office of t h e said Colonial Treasurer or of the said
| day of Apr i l nex t ensuing. | Sub-Treasurer or other place appointed as aforesaid before t h e first | ||||
| 7. A n d be it enacted Tha t any person assessed as aforesaid who shall consider himself aggrieved by such assessment may appeal t o t he neares t Cour t of P e t t y Sessions Provided t h a t wi th in ten days after the service of t h e said not ice of assessment t he person assessed or some one on his behalf shall give to t he said Commissioner a not ice in wr i t ing of his in ten t ion to m a k e such appeal upon some day to be there in ment ioned not la te r t h a n fourteen days after t h e date of | |||||
| |||||
| shall hear and de termine t he ma t t e r of t he said appeal in a summary way and shall make such order the re in as to t h e m shall seem meet according to t he t r u e in tent and mean ing of th i s Ac t and in case of t h e dismissal of t he appeal or t he affirmance of t he said assessment whol ly or in pa r t or in case t h e pa r ty assessed or some person on his behalf shal l no t appear to prosecute t he appeal t h e Cour t shall order and adjudge the person so assessed to pay wi th in t en days the a m o u n t of such assessment or of such pa r t thereof as they shall have de te rmined to be payable into the office of the said Colonial |
Treasurer
Treasurer or Sub-Treasurer (or other place appointed as aforesaid) and also such costs and expenses as m a y be awarded to t h e said Commissioner by t h e said Cour t and if such assessment costs and expenses be no t paid wi th in such t i m e t h e said Cour t shall and may issue a w a r r a n t to levy the a m o u n t thereof by a distress and sale of a sufficient p a r t of the stock in respect of which such assessment shall have been m a d e as aforesaid and the surp lus if any after p a y m e n t of such assessment costs and expenses shall be paid to t he owner of such stock.
8. A n d be it enacted Tha t in case any person l iable to pay any such assessment as aforesaid or in case any person so adjudged to be l iable to paymen t of t h e said assessment or any p a r t thereof upon appeal or notice of appeal as aforesaid shall refuse or neglect to pay t h e same upon the day appointed by such not ice or wi th in t he t ime appointed in cases of appeal as aforesaid as t he case may be it shall and m a y be lawful for t h e said Colonial Treasurer or Sub-Treasurer a t Melbourne or other person appointed by t h e Governor in t ha t behalf and he is hereby required for thwith after t he expi ra t ion of one; m o n t h from t h e day or t ime so appointed to issue a w a r r a n t unde r his h a n d to the Commissioner in whose distr ict any person so refusing or neglect ing to pay as aforesaid shall reside di rect ing t he said Commis sioner and his assis tants to levy t h e a m o u n t which such person is so l iable to pay as aforesaid together wi th an addi t ional s u m equal to one- fifth p a r t of t h a t for which he is so liable by way of penal ty for such refusal or neglect by a distress of a sufficient p a r t of t h e stock in respect of which the assessment shall have been m a d e as aforesaid and such Commissioner and his assis tants to whom such w a r r a n t shall be so directed are hereby author ized unde r and by v i r tue thereof to dis t ra in t ake and drive to the neares t or mos t convenient pound such and so m a n y of the stock of t he pa r ty in said w a r r a n t ment ioned as shall be sufficient (when sold) to pay t h e a m o u n t of such assessment and pena l ty and the costs and expenses of m a k i n g such distress and t h e p a y m e n t of t he ma in t enance of such stock t i l l sold and t h e said stock (or a sufficient pa r t thereof) to sell and dispose of a t such pound according to t h e ord inary course of sales of stock impounded for t res passes (unless previously there to t he said assessment pena l ty costs and expenses shall be paid) and t h e proceeds thereof shall be applied to t h e paymen t of t he assessment pena l ty costs and expenses aforesaid and t h e surp lus (if any) shal l be paid to t he owner or super in tendent
of t he said stock Provided however t h a t w h e n such w a r r a n t shall be
so issued as aforesaid in case t he a m o u n t of the assessment and pena l ty
the re in ment ioned shall be tendered to t h e person charged wi th t h e execut ion of such w a r r a n t t h e n and in such case t he said person shal l a n d he is hereby au thor ized to accept and receive t he said a m o u n t a n d to give a receipt for t h e money so received and to refrain from m a k i n g and execut ing the said distress.
9. A n d be i t enacted Tha t all penal t ies fines and forfeitures
incu r red or imposed u n d e r th is Act shal l and m a y be sued for and recovered in a s u m m a r y way before any one or more J u s t i c e or Jus t ices of t he Peace unde r and according to t h e provisions of an A c t made and passed by the Governor of New South Wales wi th t h e advice of t h e Legislat ive Council thereof in t he fifth year of t h e reign of H i s la te Majesty K i n g W i l l i a m t h e F o u r t h in t i tu led " An Act to regulate
summary proceedings before Justices of the Peace." 10. A n d for t he protect ion of persons ac t ing in execution of th i s A c t Be i t enacted T h a t all act ions for any th ing done under th i s Ac t shal l be commenced wi th in six calendar m o n t h s after t he fact was commit ted and not otherwise and notice in wr i t ing of such act ion and
t h e
the cause thereof shall be given to the defendant one calendar m o n t h a t least before the commencement of t h e act ion and in every such ac t ion t h e defendant may plead the general issue and give th is Ac t and t h e special m a t t e r in evidence a t any t r ia l to be had the reupon and no plaintiff shal l recover in any such action if tender of sufficient amends shall have been made before such action b rough t or if a sufficient s u m of money shall have been paid in to Cour t after such act ion b rough t by or on behalf of t he defendant together wi th costs incurred u p to t h a t t ime and if a verdict shall pass for t h e defendant or t h e plaintiff become nonsui ted or discont inue such action after issue jo ined or if upon demur re r or otherwise j u d g m e n t shall be given agains t t h e plaint i ff the defendant shall recover his full costs as between a t to rney and client and have the l ike remedy for the same as any defendant h a t h by law in o ther cases.
1 1 . A n d be it enacted Tha t all sums of money payable under
and by v i r tue of th i s Ac t shall be paid to H e r Majesty H e r He i r s and Successors for t h e ma in t enance of a Police Force and other local purposes beyond the said Sett led Dis t r ic ts and shall be applied thereto in such m a n n e r as may from t ime to t ime be directed by any Acts to be passed by the Governor and Legislat ive Council of the said Colony.
12. A n d be it enacted Tha t no order j u d g m e n t or other proceeding made touch ing and concerning any of t he ma t t e r s aforesaid or t ouch ing and concerning the conviction of any offender against th i s Ac t shall be quashed or vacated for wan t of form only or be removed or removable by certiorari or by any wri t or process whatso ever in to H e r Majesty 's Supreme Court of New South Wales .
13 . A n d be it enacted That all prosecut ions suits act ions informations or complaints to be b r o u g h t unde r or by v i r tue of this Ac t or upon or by reason of the breach of any of the provisions thereof shall and may be so b rough t by any Commissioner for and on behalf of H e r Majesty H e r He i r s and Successors b u t never theless such Commissioner shall and may be admi t ted to give evidence in or upon any such prosecut ion suit act ion information or complaint and t h a t upon any proceeding before Jus t i ces of the Peace unde r th is Act it shall no t be necessary to have a formal informat ion b u t i t shall be sufficient t h a t the cause of complaint or proceeding shall be stated wi th reasonable dist inctness by affidavit or deposition.
| 14. A n d be it enacted Tha t no prosecut ion suit or complaint of any of t h e provisions thereof after t h e lapse of twelve calendar | shall be b rough t u n d e r or by v i r tue of th is Ac t by reason of the breach |
| m o n t h s from the | occurrence of the m a t t e r | or | t h i n g | to | which such |
prosecut ion suit or complaint m a y relate Provided never theless t h a t no th ing herein contained shall be deemed to extend to any information or prosecut ion for t he wilfully m a k i n g and subscr ibing any false declarat ion.
15 . A n d be it enacted That in the cons t ruc t ion of this Act t he
| t e r m | " C o m m i s s i o n e r " | shall be deemed and t aken to mean a Commis |
sioner of Crown Lands appointed by t h e Governor for t he t ime being and the t e r m " distr ict " shall be deemed and t aken to mean the l imi ts wi th in which a Commissioner of Crown Lands has been or may here after be appointed to act and the t e r m " stock " shall be deemed and t aken to mean and include sheep cat t le and horses and the word " s h e e p " when specifically used in this Act shall be deemed and t aken to mean a n d include r ams ewes wethers and lambs and t h e word " c a t t l e " when specifically used in th is Act shall mean and include bul ls cows oxen heifers steers and calves and the word " h o r s e s " when specifically used in th i s Ac t shall mean and include horses mares geldings colts and
fillies
fillies and unless the re be someth ing in t h e subject or context r e p u g n a n t to such const ruct ion every word impor t i ng t h e s ingular n u m b e r or t h e mascul ine gender only shall be unders tood to include and shal l be applied to several persons m a t t e r s or t h i n g s as well as one person m a t t e r or t h i n g and females as well as males respectively.
16. A n d be it enacted Tha t th i s Ac t shall commence from and
after t he thir ty-f irs t day of December now n e x t ensu ing a n d shal l thencefor th cont inue in full force and effect for t he period of five years and no longer .
S C H E D U L E S R E F E R R E D TO. A .
Firs t day of J anua ry 18
R E T U R N of Live Stock kept and pastured by Mr. in the District
of beyond the Settled Districts of the Colony rendered in conformity with the provisions of the Act of the Governor and Council
Victoria No.
Stock on Station belonging to or in charge of
Mr.
Person Es t imated Es t imated Person
STATION.
STATION. superintending.
superintending. E x t e n t
E x t e n t of
of Run. Run.
Horses and how Cattle and how Sheep and how branded. branded. marked.
I A. B . do solemnly declare that to the best of my knowledge and belief the
foregoing is a t rue and faithful account of all sheep horses and cattle of every kind kept or pastured by me or under my charge on the several stations above mentioned within the Distr ict of and I make this declaration by virtue of the Act of the
Governor and Council of New South Wales Victoria No. A. B .
Proprietor or Superintendent
(as the case may be.)
Declared before me at
this day of 18
J . P .
B.
B.
First day of 18
| Y E A R L Y Re turn of Live Stock in the District of | with a Statement |
of the Amount of Assessment chargeable thereon in accordance with the provisions of
the Act of the Governor and Council Victoria No. .
. h
h t. t.
ng c c ng
PERSONS ASSESSED. a
a STOCK AT EACH STATION. en en
di
di f e f e en en o
o sm sm
nt t
t ce es nt
es
en
en ny
| Stations | ri | |
| ri | ||
| pe | ||
|
. en . en . ss ss .
.
un e nc xt
un
Stations
s ad fp ad ad A
A T O T A L . T O T A L .
E
E
e
fp
p
or Runs.
or Runs.
pe
R se or H R
f
f
Lessees. Occupants .
Licensed u u
tl
al
he
ee
he
he
al
ed
ed
s
so
o
at
ee
nt
nt
Sh
at
at
H
r
ns
nsr
H
r
hr
C
pe
pe
pe
ou
ou
ee
so
so im
im ne er er st
st T hr m m
O
P E
E T A A
P
Signature of
Commissioner.
c.
| No | District | of |
|
1 8
The amount with which you are assessed for the year from first J anuary to thirty- first December 18 under the provisions of the Act of the Governor and Council
| Victoria No. | on the undermentioned Stock pastured by you in this District is as |
| follows | v iz . :— |
£ s. d.
Horses . . . . . . . . . . . . at 3d. per head
Head of Cattle . . . . . . . . . at 1 1/2d. per head
Sheep . . . . . .
. . . . . . at 1/2d. per head £
which said sum of pounds shillings and pence you are hereby required to pay at the office of the Honorable the Colonial Treasurer in Sydney
| (or at | as the case may be) before the first day of April next. |
Or if you consider yourself as having any jus t cause for appealing against the said assessment you will please to observe that notice of such appeal must be lodged with me within ten days from the date of the delivery of this notice in the manner prescribed by the
said Act. As witness my hand at this day of 18 .
Commissioner of Crown Lands.
To
N o . X I X .
0
0
0