Crown land, occupation of (1844) (WA)

WESTERN AUSTRALIA.

ANNO SEPTI1110,

VICTORIA: REGINA..

No. XIV.

An Act to regulate the temporary occupation of Crown Lands in the Colony of Western Australia.

W HEREAS it is expedient to regulate the temporary occupation Preamble. of Crown Lands in this Colony, and to prevent encroach-

ment, intrusion, and trespass thereon—Be it therefore enacted, by.

His Excellency the Governor of Western Australia and its De-

pendencies, by and with the advice and consent of the Legislative,

Council thereof, that from and after the passing of this Act, any per- Any perron	Crown	saluedest
son who shall be in the in the habit of depasturing his or her horses, without cattle, sheep, or any other description of live stock, upon any un- to a penalty.

7th Viet. No. 14. 1844,

alienated Crowe Lands in this colony, or who shall be found know- ingly occupying the same, either by residing, or by erecting any tent, hut, or building thereon, or by clearing, enclosing, or cultivating. any part thereof, or by cutting, sawing, or splitting tim- ber thereon, or by depasturing cattle or Otheranimals thereon, with- out having first obtained, a license-for Stith: purpose, in conformity with the Government regulations in such case made and provided, and from time to time issned, shall, on conviction thereof, forfeit and pay the folloAing penalties,—that is to say,. for the first offence, any sum not exceeding Ten pounds, at the discretion of the Justice or Justices before whom the complaint shall:. he heard ; for the second offence, any sum not exceeding- Twenty pounds; and for the third and any subsequent offence, any sum not exceeding Fifty

Provided that where the	pounds-7-Pgrovided always, that no conviction shallbe had for de-
pasturage of any person
has been destroyed by	pastuting Live-Stock on CroWn Lands as : alieve in any . case' where
fire, time shall be allowed	the Justice or Justices before whom a complaint shall be preferred,
for obtaining a license.	shall be satisfied that sufficient time bas not elapsed for enabling the party complained of to procure , a- liCende in- manner pointed out, after the pasturage on his own runs may have been destroyed by fire.

motion to constitute, butActs previous to infor- II. PROVIDED always, and be it enacted,-that-any act or acts one offence. of such us- e or occupation as- aforesaid, whether continuous or re-

peated at intervals by the same person,eprevious to-the date of a first information under this Act against such person, shall be deemed to be but one offence; and that it -shall be rlawful for any Justice or Justices convicting under this Act; to' allow the person convicted

Time allowed for re- any reasonable time, not exceeding fourteen days, for the purpose of moving property.

removing any live stock or :other-hishr het moveable: p;operty _fronj_ ance.

off thescene of trespass • and , that., information shall lie :for, any „

III. AND be it enacted, that if any person shall, forge, ,counter_,_

person forging a

lease or license,.sball be fej t ., or alter, or shall utter or make tile of; khOWing the 'spine tobe deemed guilty of a mix- . , . 4 1 forge , counterfeited , or altered' an -lease' license, or other slocu-

demeanor. r.

Merit purporting to be an authority from the Government Of Westerh Australia; to use or occupy any Crown Lands within the'saMe,' 'with the intent to'evade . any of the ,provisions of this ACC, ,such : Versed: [ shall be guilty of a misdemeanor, and being coniicted' thereof;,'Whalli be liable to be transported for an)? termnot''eXceeding 'seven year's;' or to be imprigoned 'far any tern not exceeding three years, at the' discretion of the Court.

1844.              7th Viet. No. 14.

IV. AND be it enacted, that on the hearing of any Information for any offence against this Act, it shall be incumbent on the party

Proof of license to be on

the accused party.

accused to produce satisfactory proof to the sitting Justice or Jus-

tices that he or she is duly licensed pursuant to this Act.

V.	AND be it enacted, that	no proceeding had, or conviction	Act is to determine title
No proceeding under this

obtained, under this Act, shall be	held to determine the title to any	to lands.
lands or tenements.

VI. AND be it enacted, that all informations and proceedings Limitation of proceed-

in respect of offences against this	Act, shall be commenced within ings•
three calendar months next after	the offences thereby respectively
charged shall have been committe	d.

AND be it enacted, that all informations and proceedings in respect of offences against this Act, shall be heard and determined in a summary way by or before any one or more Justice or Justices of the Peace, according to the provisions of an Act of Council passed	ation of penalties.
Recovery and appropri-
in the seventh year of the reign of Her present Majesty, intituled
" An Act to regulate summary proceedings before Justices of the Peace," and that all fines, forfeitures, and penalties, recovered under this Act, shall be paid over to the Colonial Treasurer, to be applied to the introduction of labourers, mechanics, and artizans, into the said colony, according to such arrangements as the Go- vernar, with the advice and consent of the Legislative Council, shall

VII.

from time to time appoint. - -

Appeal.

VIII.     AND be it enacted, that if any person shall think himself

or herself aggrieved by any judgment or conviction under this Act, such person may appeal therefrom to the next General Sessions of

the Peace. -

AND be it enacted, that this Act shall remain in force for the term of two years from the date hereof.	Limitation of Act.
Act may be amended.

IX.

AND be it enacted, that this Act may be amended or repealed by any Act to be passed during the present Session.

X.

JOHN HUTT,

GOVERNOR.

Passed the Council the 6th

day of June, 1844.

EDWARD C. SOTTPER,

Clerk of Council.

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