Cattle nuisance (1842) (WA)

W ESTERN A ITSTR A LI A.

ANNO sExTo

VICTORIA] BEGINYE.

N IT.

AnAct for the removal of the rf uisance caused by Herds of Wild Cattle in Western Aus- tralia.

HEREAS at various periods soon- after the commencement of t'`°' rale.

Wthe Colony of Western Australia certain horned cattle, of

which some were the property of the Local Government, and othcrs the property of private individuals, strayed into the unoccupied parts of the colony, and have there multiplied and produced large herds ; and such herds have. now become in certain districts a public nuis- ance, causing great annoyance and injury to the settlers by destroying

6th Viet, No. 14. 1842.

their crops and pastures, and inducing their herds to go astray :--Be

persons tO Capture wildcattle in certain. districts. toe advice and consent of the Legislative Council, that from' Governor may authorize it therefore enacted by His Excellency the Governor, by and with

and after the passing of this Act it shall be lawful for the Governor, from time to time as lie may deem expedient, to authorise by writing under his hand such persons as he shall approve and their attendants to pursue, take, and seize (within a certain period thereby specified) wild cattle in such district or districts as shall be by him in such writing named, and to detain the same until the times and for the purposes hereinafter mentioned.

Stich persons may enter II. AND be it enacted, that it shall be lawful for such persons so

on any lands within dis- authorized with their attendants at any time or times during thefilet.

period in such wining specified, to enter upon an y lands within such

district, whether the same be the property of the Crown or of private

individuals, for the purposes of this Act.

Compensation for damage III. PROVIDED always, that where any damage shall accrue to to improved lands. any cultivated lands, buildings, or fences, or any live Stock or other

property, by any such entry, or by the driving of any such cattle, it shall be lawful for any Justice of the Peace, upon complaint of the party aggrieved, to summon the person or persons so entering or driv- ing, anti the person or persons by whose orders or in whose service such entry or driving occurred, to appear before any , two r Justices of

the Peace at a reasonable time and at a certain place to . be: named in

such summons ; and ti pan appearance of the person Or persons so

summoned (o • in the absence of him, them, or any of them, if ser-

vice of such summons on the person or persons so absent be proved) such Justices shall inquire into the matter of such complaint, and far that purpose may summon all necessary witnesses and administer oaths to all persons examined, and may order and award compensa-

tion not exceeding twenty-five pounds to be paid to the party

aggrieved by the person or by all or any one or more of the persons

so summoned ; and if such order and award be not complied, with,

the same may be carried into effect under the warrant (1 - anv one of the said Justices by distrt ss and sale of the goods and chattels of the person or persons disobeying such order and award.

•

Cattlo ,to be sold by public	AND be it enacted, that all cattle so taken as aforesa id, ex- cept such brand( d cattle as :ball be stated by affidavit (which 'may Justice of the Peace is hereby authorized and required to receive and
auction.
administer an Bath thereon) to be the property of }whale peisons,and
to have been in their keeping or puss:is:40n within the period Of three
months next previous .to thelime of stab twine, shall he sold by public auction (upon the proceeds of which sale no duty shall be

1842.                6th Vict.. No. 14.

charges-bie) at such times and placesind with such public notice for not less than one nor more than three weeks, as the Governor shall direct.

V, PROVIDED always, and be it enacted, that it shall he lawful Bu eze,, may be Wile . d

for such persons so authorized as aforesaid to kill, or direct to be Whoa neceasur.

killed, such bulls or other of the cattle aforesaid, as they may deem

necessary for personal safety, or for the taking or keeping cd the re-

mainder; and the carcasses of such animals so killed as aforesaid

shall be disposed of as the Governor shall in such writing as aforesaid

direct.

VI.      AND he it enacted, that the proceeds of such sales as afore- Appropristion of proceyds

said, after deducting the expenses of keep and sale, shall lie divided fs,de.	u
into two equal parts, whereof the one part shall be paid to such authorised persons as aforesaid, as a remuneration for their services, risk, and expenses; and the other part to the Colonial Treasurer to-wards the purposes of the Government of the Colony.

PROVIDED always, and be it enacted, that any person or Owners of stray entitle to

VII.   to

persons who shall have lost any cattle at any period in this colony, sr2;,!:!nlirsfL7 Is i )? stalogi

and who shall have sent in a list of such cattle to the Colonial S t ,ere ., proof of identity.

tar', with a full description of the age, sex, brands cif any), colour,

and other particular marks of such cattle before any such pursuit

'shall have been- commenced in such district, shall, if, and whenever

any of such cattle shall be proved to have been taken and sold as

aforesaid, be entitled to receive from the Local Government the net

proceeds which such cattle shall have realized at such sale, after

deducting such expenses as aforesaid, but no claims of ownership to

any stray cattle so captured as aforesaid shall be allowed unless the

same shall have been forwarded in writing us aforesaid previously to

the capture of such cattle, and unless such claim shall be established

to the satisfaction of the Local Government within six calendar months

subsequent to such sale.

VIII.     AND be it enacted, that this Act may be amended or re-Act maybe amended'

pealed by any Act to- be passed during the present Session.

JOHN MUTT,

GOVERNOR.

Passed the Council

10th Nov., 1842.	j
EDWARD C. SOITPER,

Acting Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.