Cattle Trespass Ordinance amendment (1868) (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO SDCUNDO

VICTORIAN REGIN1E.

*************************1*

NO. IL

AN ORDINANCE to amend the Laws relating to Tres-

passes by Live Stock.

[ 3rd August, 1868.

HEREAS it is inexpedient that any person should have Preamble.

occupiers of surrounding pastoral lands unless the party aggrievedW redress for a trespass involuntarily committed by the has his lands adequately fenced ; Be it therefore enacted by His Excellency the Governor ofWestern Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:—

31st year of the reign of Her present Majesty, intituled An repealed. 1 THE Ordinance of the said Legislative Council passed in the al victoria, No. 10,

Ordinance thrther to amend the laws relating to Trespasses by Live

Stock, is hereby repealed,

32° VICTOR' 7E, No. 2.

Trespasses by Live Stock. Amendment.

Purchaser, tillage or

mining lessee of lands 2 NO purchaser, tillage, or mining lessee, from the Crown, of

within lease, not entitled	to land situate within the boundaries of a block or section . of leased or
damages, 8:0,, unless his

land is fenced.	licensed Croum land held under a pastoral lease or license, his heirs,
executors, administrators, or assigns, shall be entitled under The
Cattle Trespass Ordinance of 1857, or under any other Ordinance or
Law relating to Trespass, to recover any damages, penalty, poundage, fees, and expenses, for or on account of any trespass on such first- mentioned land by live stock, from or against the lessee or other occupier of the surrounding lands held under such pastoral lease or license, nor shall he or they impound such live stock so trespassing, unless such first-mentioned land, or the part thereof trespassed on, shall, at the time of such trespass, be enclosed by a substantial fence, reasonably deemed sufficient to resist the trespass of great and small stock, including sheep, but not including goats and pigs; Provided nevertheless that such trespass shall not be wilful nor malicious.

Ordinances to be read	3	THIS Ordinance and The Cattle Trespass Ordinance, of
together,

1857, shall be read together as one Ordinance.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CRIED,

8 Passed the Legislative Council,

this 3rd day of August, 1868.

G. E. HAMPTON,

Clerk of the Council.

Printed by Authority of Government, Western Australia.