Cattle Trespass, Fencing, and Impounding Amendment Act 1932 (WA)

No. 25.] Cattle Trespass, Fencing, and [1932

Impounding.

CATTLE TRESPASS, FENCING, AND

IMPOUNDING.

23° GEO. V., No. XXV.

No. 25 of 1932.

AN ACT to amend sections thirty and thirty-four of the

Cattle Trespass, Fencing, and Impounding Act, 1882.

[Assented to 15th December, 1932.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act shall be cited as the Cattle Trespass, Fencing; and Impounding Amendment Act, 1932, and shall be read as one with the Cattle Trespass, Fencing, and Impounding Act, 1882 (hereinafter called "the principal Act").

section 4 of sec. 34Amendment of sub- 2. Subsection four of section thirty-four of the principal

of principal Act. .act is hereby amended by excising the words "a police con- stable" and inserting in lieu thereof the words "any per- son"; and by adding a proviso, as follows:

Provided that nothing in this section contained shall be a bar to the enforcement of liability against the owner of such cattle in respect of any penalty and of all lawful fees, charges, and damages under this Act, and the same may be recovered by the person aggrieved in a summary way on complaint before any two justices of the peace.

Amendment of sec. 3. The following subsection is hereby inserted after sub-

rj sPurgetA4t section four of section thirty-four of the principal Act:—

4A. Where it appears to any two justices of the peace,

after inspection of any impounded cattle, that-

932.] Cattle Trespass, Fencing, and [No. 25

Impounding.

(i)    if such cattle were held for the period and notice of sale advertised in manner hereinbefore pre- scribed they would not be likely to realise on sale sufficient to pay the poundage fees, expenses of sale, and other lawful charges payable under this Act in connection with such impounding; and

(ii)    that an immediate sale under subsection four of this section would not be likely to realise such fees and. charges,

and the owner does not appear and pay such fees and charges incurred in respect of such impounded cattle, and give security to the satisfaction of the justices for the payment of all such -further fees, charges, and expenses as may be awarded in any subsequent proceed- ings under this Act, the justices may make an order authorising the immediate destruction or disposal of such cattle and the disposal of the carcase thereof in such manner as the justices may think fit; provided that any one justice may exercise the jurisdiction of two jus- tices under this Act whenever no other justice usually residing in the district can be found at the time within a distance of ten miles; provided that the justice certi- fies, in writing, that no other justice can be found within ten miles:

Provided that such destruction shall not be a bar to the enforcement of liability against the owner of such cattle in respect of all lawful fees, charges, and dam- ages under this Act, and the same may be recovered in a summary way on complaint before any two justices of the peace.

4. The principal Act as amended by this Act may be cited	Citation of principal
Act as amended.

as the Cattle Trespass, Fencing, and Impounding Act, 1882-