Assessment on Stock Act 1855 No 26a (NSW)

No. XXVI.

An Act to authorize the Levy of an Assessment upon Sheep and Cattle depastured upon Crown Lands beyond the Settled Districts. [13///, November, 1855.]

WH E R E A S H e r Majes ty t h e Queen by an Order in Counci l made on t h e n i n t h day

u n d e r t he au tho r i t y of t h e A c t of the I mpe r i a l Pa r ­

l i amen t n i n t h a n d t e n t h Victor ia cap. one h u n d r e d a n d four

of M a r c h in t h e year one thousand eight hund red and forty-seven was pleased to m a k e provision for t he g r a n t i n g of leases of r u n s of land

wi th in t h e Unse t t l ed and I n t e r m e d i a t e Dis t r ic t s for pastoral purposes

according to cer ta in regula t ions in t he said Order conta ined as to t he scale of r e n t s t o be payable for t he occupation of such r u n s and i t was by t h e said Order in Council declared and ordered t h a t t h e ren t s to be paid according to t he said scale were to be reserved exclusively of any t h e n exis t ing assessment of taxes or ra tes on sheep a n d cat t le a n d were to be paid wi thou t aba temen t on account of t h e t h e n exist­ i ng or any fu ture assessment of taxes or ra tes on sheep and catt le a n d were in no way to interfere wi th t h e r i g h t of t h e Colonial Legis­ l a t u r e to impose from t ime to t ime such assessments as m i g h t be deemed advisable A n d whereas it is deemed advisable to impose upon t h e said occupan t s of land beyond the Set t led Dis t r ic ts such assessment in respect to the i r sheep and cat t le as hereinafter men t ioned Be it therefore enac ted by H i s Excel lency t h e Governor of N e w South Wales w i th t h e advice and consent of t h e Legislat ive Council thereof as fo l lows:—

1. I n each and every year the re shal l be levied and paid upon and in respect of t he stock of every person p a s t u r i n g or keep ing the

same u p o n any lands s i tuate beyond the Set t led Dis t r ic ts of tin; said Colony as t h e same now are or hereafter may be defined t h e assessment following t h a t is to say—for every sheep t h e sum of one halfpenny for every head of ca t t le inc luding horses t he sum of three-pence which assessments respectively shall be pa id by the person assessed before t h e first day of M a y in each year at t he office of t he Colonial Treasurer in Sydney or to such o ther officer or officers or a t such o ther place or places as shall be appointed in t h a t behalf by t he Governor for the

t ime beincr.

2. Every person p a s t u r i n g or keep ing stock as aforesaid shall

m a k e or cause to be made to t he Commissioner of t he distr ict wherein t h e said s tock is pas tured a r e t u r n on the first day of J a n u a r y or w i th in four teen days thereafter in each and every year according to t h e form conta ined in t h e Schedule he reun to annexed marked A of all sheep cat t le and horses kep t and pas tu red by h im as aforesaid and if a n y such person shall fail or neglect to m a k e or cause to be made such r e t u r n a t t h e t ime so appoin ted or shall omit to deposit the same wi th t h e said Commissioner in m a n n e r hereby requi red he shall on convic­ t i on before any two or more Jus t i ces of the Peace forfeit and pay for every such offence a s u m not less t h a n forty shil l ings nor exceeding

fifty pounds .

3 . 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 declara t ion in t he form or to t h e effect prescr ibed in the said Schedule (which declarat ion any Jus t i ce of t he Peace is hereby empowered to adminis te r ) t ha 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 t he best of his knowledge and belief and if any person shal l wilfully m a k e the re in any false s t a tement as to any

3 p—VOL. 4 . mate r ia l

material particular he shall be deemed guilty of a misdemeanor and being convicted thereof shall be liable at the discretion of the Court to fine and imprisonment or either.

4. The several Commissioners shall at the beginning of Feb­

ruary in each and every year make an assessment on the stock pastured within their respective districts and shall on or before the fifteenth day of February then next ensuing make a return thereof to the said

Colonial Treasurer or other person appointed as aforesaid in the form

and containing the several particulars set forth in the Schedule to this

Act annexed marked with the letter B according to which return the

assessment hereinbefore mentioned shall upon notice as hereinafter provided be due and payable as aforesaid by the persons therein assessed except in so far as the same may be affected by any order made on appeal under the provisions hereinafter contained And in such assessment and return the respective Commissioners shall include according to the best of their knowledge or information the stock of any person by whom or on whose behalf no return shall at the time

of the making of such assessment have been made according to the

provisions of the second section hereof.

5. The said several Commissioners shall not less than one calen­ dar month previous to the time hereinbefore appointed for the payment
of the said assessment cause a notice in writing in the form contained

in the Schedule hereunto annexed marked C to be served upon each person assessed or to be left at the residence of such person (if within th district) or with the superintendent or person having the charge of his stock (if the owner thereof shall not reside within the district) apprising him of the amount of assessment to which he is liable and requiring him to pay the said amount at the office of the said Colonial Treasurer or other place appointed as aforesaid before the first day of

May next ensuing.

6. Any person assessed as aforesaid who shall consider himself

aggrieved by such assessment may appeal to the nearest Court of Petty Sessions Provided that within ten days after the service of the said notice of assessment the person assessed or some one on his

behalf shall give to the said Commissioner a notice in writing of his

intention to make such appeal upon some day to be therein mentioned not later than fourteen days after the date of such last-mentioned notice and the Justices sitting in Petty Sessions shall hear and deter­ mine the matter of the said appeal in a summary way and shall make such order therein as to them shall seem meet according to the true

intent and meaning of this Act and in case of the dismissal of the
appeal or the affirmance of the said assessment wholly or in part or in
case the party assessed or some person on his behalf shall not appear
to prosecute the appeal the Court shall order and adjudge the person so assessed to pay within ten days the amount of such assessment or

of such part thereof as they shall have determined to be payable into

the office of the said Colonial Treasurer (or other place appointed as aforesaid) and also such costs and expenses as may be awarded to the said Commissioner by the said Court and if such assessment costs and expenses be not paid within such time the said Court shall and may issue a warrant to levy the amount thereof by a distress and sale of a

sufficient part of the stock in respect of which such assessment shall

have been made as aforesaid and the surplus if any after payment of such assessment costs and expenses shall be paid to the owner of such stock.

7. In case any person liable to pay any such assessment as aforesaid or in case any person so adjudged to be liable to payment oi the said assessment or any part thereof shall refuse or neglect to pay the same upon the day appointed by such notice or within' the time appointed in cases of appeal as aforesaid as the case may be it shall

and

and may be lawful for the said Colonial Treasurer or other person appointed by the Governor in that behalf and he is hereby required forthwith after the expiration of one month from the day or time so appointed to issue a warrant under his hand to the Commissioner in

whose district any person so refusing or neglecting to pay as aforesaid
shall reside directing the said Commissioner and his assistants to levy the amount which such person is so liable to pay as aforesaid together

with an additional sum equal to one-fifth part of that for which he is so liable by way of penalty for such refusal or neglect by a distress of

a sufficient part of the stock in respect of which the assessment shall have been made as aforesaid and such Commissioner and his assistants to whom such warrant shall be so directed are hereby authorized under and by virtue thereof to distrain take and drive to the nearest or most convenient pound such and so many of the stock of the party in said warrant mentioned as shall be sufficient (when sold) to pay the amount of such assessment and penalty and the costs and expenses of making such distress and the payment of the driving care and main­ tenance of such stock till sold and the said stock (or a sufficient part thereof) to sell and dispose of at such pound according to the ordinary course of sales of stock impounded for trespasses (unless previously thereto the said assessment penalty costs and expenses shall be paid) and the proceeds thereof shall be applied to the payment of the assess­ ment penalty costs and expenses aforesaid and the surplus (if any) shall be paid to the owner or superintendent of the said stock Provided how­

ever that when such warrant shall be so issued as aforesaid in case

the amount of the assessment penalty costs and expenses shall be tendered to the person charged with the execution of such warrant then and in such case the said person shall and he is hereby autho­

rized to accept and receive the said amount and to give a receipt for

the money so received and to refrain from making and executing ov
further proceeding under the said distress.

8. A l l penalties fines and forfeitures incurred or imposed under this Act shall and may be sued for and recovered in a summary way before any one or more Justice or Justices of the Peace and the same shall commence to be sued for within twelve calendar months after the occurrence of the matter or thing for which such penalties fines and forfeitures respectively shall be demanded.

9. And for the protection of persons acting in execution of this

A c t Be it enacted That all actions for anything done under this Act

shall be commenced within six calendar months after the fact was

committed and not otherwise and notice in writing of such action and
the cause thereof shall be given to the defendant one calendar month
at least before the commencement of the action and in every such action the defendant may plead the general issue and give this Ac1 and the special matter in evidence at any trial to be had thereupon and no plaintiff shall recover in any such action if tender of sufficient, amends shall have been made before such action brought or if a suffi­ cient sum of money shall have been paid into Court after such action brought by or on behalf of the defendant together with costs incurred up to that time and if a verdict shall pass for the defendant or the

plaintiff become nonsuited or discontinue such action after issue joined

or if upon demurrer or otherwise judgment shall be given against the

plaintiff the defendant shall recover his full costs as between attorney

and client and have the like remedy for the same as any defendant

hath by law in other cases.

10. A l l sums of money payable under and by virtue of this Act

shall be paid to Her Majesty Her Heirs and Successors towards the public expenditure for the maintenance of a Police Force and other local purposes beyond the said Settled Districts and shall be applied thereto

in

in such m a n n e r as m a y from t ime to t i m e be directed by any Acts to be passed by t h e Governor and Legis la t ive Council of t he said Colony.

1 1 . N o order j u d g m e n t or o ther proceeding made touch ing and

concerning any of t h e m a t t e r s aforesaid or touch ing and concern ing the convict ion of any offender agains t th i s A c t shal l be quashed or vacated for w a n t of form only or be removed or removable b y cer­ tiorari or by any wr i t or process whatsoever in to H e r Majes ty ' s

Supreme Cour t of N e w Sou th W a l e s .

12. A l l prosecut ions suits act ions informations or compla in ts

to be b r o u g h t u n d e r or by v i r tue of th i s A c t or upon or by reason of the b reach of any of t he provisions thereof shall and m a y be so b r o u g h t by any Commissioner for and on behalf of H e r Majesty H e r H e i r s and Successors b u t never theless such Commissioner shal l and m a y be admi t t ed to give evidence in or u p o n any such prosecut ion suit act ion informat ion or compla in t a n d upon any proceeding before Jus t i ces of t h e Peace u n d e r th i s A c t i t shall no t be necessary to have a formal informat ion b u t it shall be sufficient t h a t t h e cause of com­ pla in t or proceeding shall be s tated wi th reasonable dis t inctness by affidavit or deposit ion.

13 . I n t he cons t ruc t ion of th i s A c t t he t e r m " s tock" shall be

deemed a n d t aken to m e a n and include sheep cat t le and horses and t h e word " sheep" when specifically used in th is A c t shal l be deemed a n d

t aken to m e a n and to include r a m s ewes wethers and l ambs a n d t h e

word " c a t t l e " when specifically used in th i s Ac t shall m e a n a n d include

bul ls cows oxen heifers steers and calves and t h e word " h o r s e s " w h e n specifically used in th is A c t shal l m e a n and include horses mares geldings colts and fillies.

1 1 . A n d be i t enacted Tha t th i s A c t shall commence from and

after t h e thir ty-first day of December now n e x t ensu ing and shal l

thencefor th con t inue in full force and effect for a period of one year .

S C H E D U L E S	R E F E R R E D	TO.
A .

First day of January 13

R E T U R N of Live Stock kept and pastured by Mr. in the District

(if beyond the Settled Districts of the Colony rendered in conformity

with the provisions of the Act of the Governor and Council 19 Victoria No. 26.

Stock on Station belonging to or in

charge of Mr.

Estimated
Estimated

Person
Person

STATION.	Extent of
Extent of

STATION.

Superintending. Cattle Sheep

Superintending.

Run.

Run.	Horses and	including calves	including lambs
how branded.	and how branded.	and how marked.

I A. B. do solemnly declare that to the best of my knowledge and belief the fore­ going is a true 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 District of and I make this declaration by virtue of the Act of the Governor and Council of New South Wales 19 Victoria No. 26.

A. B.

Declared before me at Proprietor or Superintendent

this day of 18 (as the case may be.}

J. P .

B.

B.

First day of 1 8

Y E A R L Y Return 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 1 0 Victoria No. 20.

PERSONS ASSESSED. STOCK AT EACH STATION.

Esti­
Esti­

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Amount
Amount

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ad

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Stations	Persons	mated
mated

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ad	he	TOTAL.
TOTAL.

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Extent hr he en

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Assess­ of
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or Runs. Lessees.

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of each"
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Signature of Commissioner.

C.

District of

No. Commissioner of Crown Lands Office

"IS

T H E amount with which you are assessed for the year from first January to thirty-first December 1 8 under the provisions of the Act of the Governor and Council 1 9 Victoria No. 26 on the undermentioned stock pastured by you in this District is as follows v iz . :—

£ s. d.

Horses . . . . . . . . . . . . . . . . . . at 8d. per head

Head of Cattle . . . . . . . . . . . . . . . at 3d. per head

Sheep at id . 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 mag be) before the first day of April next.

Or if you consider yourself as having any just 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 1 8

Commissioner if Crown Lands.

To

No. X X V I I .