Branding Consolidation Ordinance 1864 (WA)

WESTERN ATJSTRA LTA.

ANNO tir iCESIMO OCTAVO

VICTORIA( REGINA].

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NO. XIII.

AN ORDINANCE to consolidate and amend the Laws to

regulate the Branding of Live Stock.

[111h July, 1864.]

HERE AS it is expedient to consolidate into one Ordinance Preamble.

and to amend the provisions respecting the Branding of Live Stock, and to make regulations for collecting Stock on Private Lands ; Be it therefore enacted by His Excellency the Governor of Western. Australia, and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :

FROM and after the passing of this Ordinance, the following 15"0.14 of 1842. No. 4 of Ordinances, that is to say, the sixth of Victoria No. 14 of. 1842, 2:;12 a No. 4 of 1854 the sixteenth of Victoria No. 4 of 1852, and the eighteenth of

Victoria No. 4 of 1855, shall be, and the same are hereby repealed, save and except as to any act, matter, or thing already done, any proceedings pending and any liabilities incurred at the time of the passing hereof under the said repealed Ordinances or either of them.

28° VICTORLE, No. 13.

Branding of Live Stock.

Governor to appoint Reg- 2. IT shall be lawful for the Governor to appoint a fit and

liter of Brands. proper person to be the Registrar of Brands, and in case of the death resignation or removal of such Officer, from any cause, from time to time to appoint another fit and proper person to the said Office, in place of the one so dying, resigning, or removed.

horses to have a brand, and Every owner of cattle and 3. EVERY Owner of Cattle and Horses shall, as heretofore, have

to register the same. one brand for both cattle and horses, or a separate and distinct brand for cattle and a separate and distinct brand for horses, and shall, as heretofore, register such brand, designating in the register the part of the animal marked or intended to be marked therewith, with the Registrar of Brands of the said Colony, in Books to be kept by him for that purpose, and the said Registrar of Brands may order any owner of cattle or horses, • making application to have his brand or brands so registered as aforesaid, and whose proper brand or brands may be similar to any brand or brands before registered under the said repealed Ordinances or this Ordinance, to make such a difference in his brand or brands as may be necessary to prevent mistake or confusion therefrom, the particular alteration in such brand or brands, however, to be determined on by the said owner, provided that the Registrar of Brands shall be of opinion that such alteration will meet the object required ; and if any owner

Penalty for neglect £20. of cattle or horses, not having a brand registered under the said re-

pealed Ordinances or either of them, or this Ordinance, shall refuse or neglect to provide himself with such brand or brands, or to make such difference, or to register the same as aforesaid, within three months after receiving notice from the Registrar of Brands requiring him so to do or from any Justice of the Peace, unless further time be given by the said Registrar of Brands or such Justice of the Peace upon reasonable cause shown, he shall forfeit and pay a sum not exceeding Twenty pounds ; Provided that all Brands registered under the said repealed Ordinances shall be deemed to be registered under this Ordinance.

Penalty for neglecting to 4. ALL Cattle above the age of one year, and all horses above

brand cattle and horses a.

the age of two years, not branded on the hide with a registered brand, when at large in the bush or trespassing, may be deemed wild cattle, and the owners subjected to a penalty not exceeding Five pounds per head.

Brands to be published in

Government Gazette. 5. THE Registrar of Brands shall from time to time, as heretofore,

publish in the Government Gazette, as soon as convienently may be, the brand or brands registeredby each ownerof cattle orhorses, respectively, and the • name of the person registering the same, and any other

28° VICTORIZE, No. 13.

Branding of Live Stock.

person making use of a similar brand after such registration and publication thereof, shall forfeit and pay a penalty not exceeding One hunched pounds, and it shall be lawful for the Registrar of Brands to cancel any Registered Brand on a written application from the Owner thereof, which cancellation shall be published in the

Government Gazette.

6.     DURING the usual Office hours of the said. Registrar of Register of brands to bit

Brands, the books in winch brands have been registered heretofore open to n peel on.	i i:
and shall be so registered hereafter, shall be open to inspection, and during those hours all persons shall be at liberty, without fee, to in- spect and make extracts from the same.

7.     ANY person, having reason to believe that any of his cattle, Troccupier of land refuse.

or horses, or other stock are on Lands in the occupation of another, nv person may oh,win per- consent to hunt for stock, . stock

may (in the event of the occupier of such land refusing permission mission from iustiee. any

to such person to search for such stock) apply to the nearest Justices of the Peace in the Petty Sessions, who after notice given to such oc- cupier, shall hear such application, and anything that may be urged in, opposition thereto, and shall in their discretion grant or refuse a written permission to hunt, and collect stray cattle, horses, and other stock on such, and any other Lands, being unenclosed, in the occupation of any person whomsoever, subject to such written conditions, to be signed by such person, as they may think fit to impose ; and any person who shall enter upon land for the purpose Penalty En' hunting cattle

of hunting, driving, or collecting any stray cattle or horses, or shall or horses wi	or authority, .E60.
attempt to hunt, drive, or collect any- stray cattle or horses thereon being, without having obtained the consent of the owner or occupier of such land, or without the written permission of such Justices of the Peace as hereinbefore provided, or who shall contravene such con- ditions, or any one or more of them, shall on conviction forfeit and pay a penalty of any sum not exceeding Fifty pounds.

thout consent

tliciet !onagha -outih rlou rtle •

8.      IT shall be lawful for any person, acting under the autho- any3 pJetrtsio

ritv in writing of any two or more Justices of the Peace, and brLded cattle and horses. to such persons as they think proper, within a certain time and district, to collect, drive, and impound all or any unbranded cattle above one year old, and all or any unbranded horses above two years old, found within the district so specified_ as aforesaid, and for that purpose, with his horses and assistants, to enter upon and pass over any unenclosed land whatever, doing as

which Justices are hereby empowered, after giving one week's

public notice of their intention so to do, to be posted at the

28° VICTOR' No. 13.

Branding of Live Stock.

justice may sell nn- little damage as possible ; and it shall be lawful for . any Justice of

branded cattle Exc. the Peace, or for any person acting under the written authority of

any Justice of the Peace, to sell the same in manner hereinafter mentioned, and the proceeds thereof, after deducting the expenses of keep and sale of such beasts, shall go and be paid, one moiety thereof, or such greater part thereof as the Governor, with the advice of the Executive Council shall direct, to or for the use of the person, having such written authority as aforesaid, who collected and impounded such beasts, and the residue of such proceeds shall be paid to the use of Her Majesty, her heirs, and successors, as part of the General Revenue of

Property protected, the Colony ; Provided however that if at any time prior to the sale

proof g,iven: of such beasts any person shall prove, upon oath if required, and

which oath any Justice of the Peace is hereby empowered to receive and administer, to the satisfaction of the Justices of the Peace under whose written authority such beasts were so collected and impounded, or other of the Justices of the Peace about to sell such beasts, or order the sale thereof, his right of property in the said beasts, such beasts shall, without prejudice to the rights of any person possessing an interest therein, be given up upon payment of one pound per head, and of the expenses of keep and impounding, and which sum of one pound per head shall in that case go and be applied and paid to the use of the person having, under such written authority as aforesaid, collected and

branded cattle and horses. age of one year, and no horses under the age of two years, shall be - What to be deemed un- impounded such beasts ; and it is declared that no cattle under the

deemed unbranded, but all other cattle and horses not branded on the hide with a registered brand shall, for the purpose of this Ordinance, be considered unbranded.

k To drive cattle or horses L(! belong to another 9. ANY person authorised as aforesaid, who shall unavoidably

to nearest stockyard. drive from the land, or out of the herd of any other person any beast other than his own, or his masters, or his employers, or such un- branded beasts as he may be so authorised as aforesaid to drive away, and shall not drive such beasts without delay to the nearest available stockyard, pound, stable, barn, or enclosure, or other fit and safe receptacle for Cattle or Horses, and shall not then and thence, unless exempted by the owner, drive back all such beasts with all possible despatch to the land or into the herds from which they may have been so driven as aforesaid, shall on conviction forfeit and pay a sum not exceeding Fifty pounds.

Persons defacing brands W. EVERY person who shall burn or otherwise destroy or deface

penalty £60,

any registered brand which shall have been marked upon any beast,

shall forfeit and pay a fine not exceeding Fifty pounds.

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Branding of Live Stock.

11.

ANY such authorised person as aforesaid may drive and Authorised persons (hi-

PR= i n unbranded cattle

lodge, cause to be driven and lodged, such beasts in any public pound, or, if there be none such within three miles of the place where pound, or private enclosure. such beasts have been collected as aforesaid, then in any private stockyard or other enclosure, with the consent of the owner thereof, and there detain them until they shall be disposed of under the b • lodge them hi public

Persons impounding to

provisions of this Ordinance ; Provided that the person so impounding furnish justice with list of

such cattle or horses, shall, within forty eight hours after such im- stock impounded.

pounding, furnish the nearest Justice of the Peace with a written

and accurate statement of the number and description of the beasts

so impounded, and of the locality in which they were found ; and

shall during such detention treat the said beasts with all reasonable -

food and care, and for which food and care he shall be entitled to

demand and receive, out of the proceeds of the sale of such beasts if

sold, or from any person proving his right of property therein as

aforesaid, such foe or charge per head as the Justice of the Peace

selling or ordering the sale of the said beasts shall deem reasonable

and allow, such fee or charge however in no case to exceed the

amount which shall be by law chargeable by the keeper of the

nearest public pound for feeding and maintaining beasts impounded

therein ; Provided also that the person so impounding any such

beasts as aforesaid, in any private stockyard or other enclosure, shall

afford access thereto at all reasonable hours to all persons wishing

to,inspect such beasts therein, and shall also post a written notice on

the gate, or on some. other conspicuous part of the said stockyard or

other enclosure, setting forth an accurate description of the beasts

so impounded, or in his possession, and stating the clay on which the

same were impounded, and the locality from which they were driven,

and such notice shall remain so posted until such beasts shall have

been disposed of as aforesaid ; and every person who shall neglect

to furnish such written statement as aforesaid, shall for every neglect

forfeit and pay a sum not exceeding Ten pounds.

12.

ALL sales under this Ordinance of impounded beasts shall take place, free of auction duty and auctioneer's license, on the

Impounded Stock to be

sold by justice at noon ou.

the 12th day.

twelfth day after the day on which notice of impounding shall have been given to a Justice of the Peace as aforesaid, and to which im- pounding and sale the Justice of the Peace receiving such notice shall give all publicity in his power, by directing notices thereof to be posted in such places as he may think best calculated to attain the object in view; unless such twelfth day shall happen to be on a Sunday, Christmas Day, or Good Friday, and then on the following lay; and unless the sale be suspended by the order of the Justice of the Peace about to sell the said, beasts, and which order he is hereby

280 VICTORI ?E, No. 13.

Branding of Live Stock.

empowered to make, in which case the sale shall take place upon the day appointed anew by the said Justice of the Peace ; Provided that when any such delay or suspension of sale shall be made necessary in consequence of the neglect or omission of the person impounding, the costs of all further proceedings, as well as of the future fiieding and. care of the beasts impounded until sale, shall be borne by the person impounding the same, and all such sales shall take place at the Police Station nearest to the public pound, stockyard, or other en- closure where the said beasts shall have been impounded, in the presence of a police or district constable, who shall keep a register describing the marks and particulars of all beasts so sold, which regis- ter shall be open to public inspection at all reasonable times; and such sale shall commence at the hour of noon, and the said beasts shall be offered in lots to suit purchasers, and neither the person who im- pounded such beasts, nor the Justice of the Peace who made the order for the sale, nor the person who actually makes such sale, shall personally or by other purchase the said beasts, or any of them, upon pain that every such person so offending shall forfeit and pay for every head of stock so purchased any sum not exceeding Fifty pounds.

Penalties how recovered. /2. ALL informations and proceedings for the recovery of fines,

penalties, compensation, and costs under this Ordinance, shall be heard and determined, and such fines, penalties, compensation, and costs shall be awarded and imposed in a summary way before any two or more Justices of the Peace ; Provided that if the fine, penalty, compensation, or costs adjudged to be paid, shall not be paid forthwith, or at such other time as the convicting Justices shall appoint, it shall be lawful for such Justices, or any one of them, to issue a warrant of distress against the goods of such offender, and in default of sufficient distress to commit him to a common gaol, there ti p be imprisoned, with or without hard labor, at the discretion of the said Justices, for any term not exceeding six calendar Months.

Interpretation. 14. IN the construction of this Ordinance the word " cattle" shall in all cases be deemed and taken to mean bulls cows,heifers oxen, steers, and calves, and the words "horse " and " horses," respectively shall in all cases be deemed and taken to mean and to include horses, mares, geldings, colts, fillies, asses, mules, and ponic s ; and the word "beasts" shall in all cases be deemed and taken to mean and include bulls, cows, oxen, heifers, steers, calves, horses, mares, geldings, colts, fillies, asses, mules, and ponies.

Shortening Ordinance. 15. Sections A, C, G, and I of the "Shortening Ordinance,

1853," shall be incorporated with and tak3u to form part of this

28' VICTORLY, No. 13.

Branding of Live Stock.

Ordinance to all intents and purposes, and in as full and ample a

manner as if the said sections had been introduced and fully set forth

m this Ordinance.

16, THIS Ordinance may be cited as " The Branding Consolida-

tion Ordinance, 1864."

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

this 11th day of July, 1864.

G. E. HAMPTON,

Clerk of the Council.