Crown Lands unauthorized Occupation Act 1839 No 1a (NSW)
No. XXVII.
An Act further to restrain the unauthorized
Occupation of Crown Lands and to providethe means of defraying the Expense of a
Border Police. [22nd March, 1839.] WH E R E A S of New South Wales is derogatory to t he E i g h t s of the Crown and conducive to m a n y il legal and dishonest practices and whereas
an Ac t was passed by the Governor and Council of N e w South Wales in t he seventh year of t he re ign of H i s la te Majesty K i n g W i l l i a m the Four th in t i tu led "An Act to restrain the unauthorized occupation of Crown Lands" which has been found beneficial in i ts operat ion and whereas ano ther Act was passed in t he second year of H e r presen t Majesty in t i tu led " An Act to continue and " amend an Act intituled ' An Act to restrain the unauthorized " occupation of Crown Lands' " and it is expedient to repeal t h e same and to subs t i tu te other provisions in l ieu thereof and to provide t he means of defraying t h e expense of a Border Police Be i t therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t h e advice of t h e Legis la t ive Council thereof Tha t from and after t he first day of J u l y one thousand eight h u n d r e d a n d th i r ty -n ine any person who shall be found occupying any Crown L a n d s ly ing waste in New South Wales wi th in t h e l imi t s which have been or shall hereafter be al lot ted for location to set t lers by any Proc lamat ion or Order of t h e Governor publ ished in t h a t behalf e i ther by residing or by erect ing any h u t or bu i ld ing thereon or by c lear ing inclosing or cu l t iva t ing any p a r t thereof and shall no t hold a valid lease from the Government of
t h e unau thor ized occupat ion of t h e unal ienated Lands
of N e w Sou th Wales for t h e occupat ion of such l and shall on conviction thereof forfeit and pay the following penal t ies t h a t is to say for t h e first offence any s u m n o t exceeding ten pounds a t t h e discretion of the J u s t i c e or Jus t i ces before w h o m t h e complaint shall be heard for t he second offence t w e n t y pounds and for t he t h i r d and any subsequent offence fifty pounds to be recovered in a s u m m a r y way before any one or more Jus t i ce or Jus t ices of the Peace upon the information and compla in t on oath of any Jus t i ce of t h e Peace any Commissioner of Crown L a n d s any propr ie tor or lessee of lands or t he chief constable of any distr ict Provided always t h a t no informat ion shall lie for any second or subsequent offence un t i l fourteen clear days after a conviction for t he former offence.
2. A n d be it declared and enacted T h a t from and after t he said first day of J u l y nex t ensu ing it shall no t be lawful for any person to occupy any Crown Lands in N e w Sou th "Wales beyond the l imits a l lo t ted for location as aforesaid wi thou t hav ing first obtained from t h e Governmen t of New South Wales a lease or license for such purpose and t h a t any person who shall be found occupying as aforesaid any Crown L a n d in N e w Sou th W a l e s beyond the l imi t s al lot ted for location as aforesaid and shall no t hold a val id lease or license from t h e Government of N e w South Wales for depas tu r ing cat t le and o ther an imals beyond the l imits a l lot ted for locat ion as aforesaid every such person on convict ion thereof shall forfeit a n d pay t h e penal t ies hereinbefore imposed in t h e case of persons unlawful ly occupying W a s t e L a n d s of t h e Crown wi th in t h e
| said l imi ts of locat ion to be recovered in a s u m m a r y way before | any |
| one or more Jus t i ce or Jus t i ces of t h e | Peace | u p o n | t h e | informat ion |
| a n d compla in t on oath of any Jus t i ce of t h e Peace or of any | person |
hold ing any such lease or license for t h e occupat ion of Crown Lands or t he overseer or manage r of any s ta t ion belonging to any such licensed person or any constable duly appointed for any distr ict beyond
| t h e l imi t s al lot ted for location as | aforesaid. |
3 . A n d be i t declared and enacted Tha t i t shal l no t be lawful
| for any person to cu t saw split or remove any t imber t h e produce of any Crown L a n d whe the r wi th in or beyond t h e l imits al lot ted for locat ion as aforesaid upon or from t h e same w i t h o u t hav ing first obta ined from t h e Government of N e w Sou th Wales a license for such purpose and t h a t any person who wi thou t hav ing a valid l icense from t h e Governmen t of N e w Sou th Wales shall cut saw spli t or remove any t imber t h e p roduce of such Crown L a n d upon or | from t h e same on conviction thereof shall forfeit and pay the penal t ies | hereinbefore imposed in t he case of persons unlawfully occupying W a s t e |
| Lands of t he Crown wi th in t he said l imits of locat ion Provided tha t unless publ ic not ice be given by the Government t h a t t h e t imber on any par t icu lar por t ion of t he Crown Lands shall be reserved for the pub l i c use no th ing herein contained shall be const rued to prevent any propr ie tor or lessee of land or any licensed occupier of Crown L a n d or his or he r overseer or manage r from cu t t i ng such t imber as is ordinari ly used a n d as m a y be necessary and used for his or her domestic uses for fire-oote fencing stock-yards or o ther conveniences for t h e enjoyment of t h e said land and provided t h a t no par t of such t imber shall be sold. | ||
| 4. A n d be i t enacted T h a t if any person shall forge counterfeit or a l ter or shal l u t t e r or m a k e use of knowing the same to be forged counterfei ted or a l tered any lease license or o ther document purpor t ing to be an au tho r i t y from t h e Government of New South Wales to occupy any Crown Lands wi th in t h e same wi th in ten t to evade any oi t h e provisions of th i s Act such person shall if free be gui l ty of a misdemeanor and be ing convicted thereof shall be liable to be t rans ported for any t e r m not exceeding seven years or to be imprisoned for |
a n y
any t e r m not exceeding four years a t t h e discretion of t h e Cour t a n d if such offender be a convict unde r sentence of t r anspor t a t ion he shall be l iable to be t r anspor t ed for any t e r m no t exceeding seven years or
t o be worked in i rons on t h e roads or publ ic works for a n y t e r m no t exceeding four years .
5. A n d be i t enacted T h a t i t shall be lawful for any Jus t i ce or
Jus t i ces before w h o m any person hold ing a license for any of t he purposes aforesaid shal l be convicted on t h e oa th of any one or more credible wi tness or witnesses of any felony or of illegally selling fermented or sp i r i tuous l iquors or of wilfully ha rbou r ing any convict or felon i l legally a t l a rge or of any malicious in jury or offence commit ted upon or aga ins t any abor iginal na t ive or o ther person or of any other offence which shal l ac tual ly endanger t he peace a n d good order of any distr ict or t end to obs t ruc t t h e due execut ion of t he provisions of t h i s A c t t o declare t h e l icense of any such person so offending to be n u l l and void and such license shall the reupon become n u l l a n d void accordingly and shal l no t be pleaded in justification of a n y offence commit ted agains t any of t he provisions of th i s A c t P rov ided t h a t in all cases where a license shall be declared n u l l a n d void by one Jus t i ce only a n d t h e person or persons whose l icense shal l be by one J u s t i c e only so declared nu l l and void shal l t h i n k himself or themselves aggrieved by such decision i t shal l a n d m a y be lawful for any such person or persons to appeal aga ins t t he said decision of such one Jus t i ce to t h e neares t Cour t of P e t t y Sessions wi th in one m o n t h after t h e cause of appeal shall have ar isen and the person or persons appeal ing hav ing first given a t least twenty-one days not ice in wr i t i ng of such appeal and the pa r t i cu la r n a t u r e a n d m a t t e r thereof to t h e person or persons
appealed against shall for thwi th after such not ice enter in to a
recognizance before t he J u s t i c e agains t whose decision t h e p a r t y
shal l so appeal in t h e s u m of one h u n d r e d pounds to prosecute t h e
5 same wi thou t delay a n d n o proceedings shall be t a k e n by t h e Commissioner on a decision appealed against un t i l t he said Cour t of P e t t y Sessions has hea rd and determined such appeal and t h e Jus t i ces assembled a t such Cour t of P e t t y Sessions two at t h e least o ther t h a n the said Commissioner be ing presen t shall i n a s u m m a r y way hear and
r de te rmine t h e said appeal and if t hey shall confirm t h e decision ap
pealed aga ins t shall and m a y award such s u m of money by way ofpena l ty as such Jus t i ces shal l deem reasonable not less t h a n t e n
pounds nor exceeding fifty pounds together w i th such fur ther sum of money as to t h e said Jus t i ce s shal l seem reasonable and sufficient t o
r e imburse t h e said Commissioner for t h e expenses ' which he shall bond fide have incur red by reason of a t t end ing before t h e said Cour t of P e t t y Sessions to be recovered b y distress and sale of t h e said appe l lan t ' s goods and chat te ls by w a r r a n t unde r t h e h a n d and seal or
h a n d s and seals of any one or more of t h e said Jus t ices which w a r r a n t
such J u s t i c e or Jus t ices is and are hereby empowered and requi red to g r a n t and t h e overplus after such pena l ty and expenses a n d t h e charges of such distress a n d sale are deducted shall be r e tu rned upon demand to t h e owner of such goods a n d chat te ls .
6. A n d be i t enacted Tha t in case any such person or persons after be ing served wi th not ice of cancel lat ion of his or he r license shall refuse or neglect to deliver u p and qui t t h e possession of such lands for t he space of t en days after service of such notice upon h i m her or t h e m or u p o n his her or the i r agent or agents overseer or overseers i t shal l and m a y be lawful for any Commissioner of Crown L a n d s be ing a Ju s t i ce of t h e Peace for t he district in which such lands shal l be s i tua ted to enter u p o n such lands and to t a k e possession of the same for and on behalf of t he Crown together wi th any houses
or
or other improvement s t h a t m a y have been m a d e thereon and the same to deal w i th as he or they shall deem most expedient for t h e purpose of expelling such person or persons therefrom and also to drive off and impound any catt le t h a t may be found thereon .
7. A n d be i t enacted Tha t if any super in tendent overseer
manage r or servant res ident and employed on any es tab l i shment wi thou t t h e l imits of location shall be convicted on the oa th of one or more credible witness or witnesses of any offence which would render a licensed person liable to have his or he r l icense cancelled such super in tendent overseer manage r or servant shall at t he discretion of t h e Jus t i ce or Jus t ices before w h o m such conviction shal l t ake place
| be l iable to forfeit and pay a s u m not l ess t h a n five pounds nor | more |
| t h a n t h i r t y pounds over and above any pena l ty to which such | offender |
m a y be l iable for such offence unde r any other Ac t or Ordinance .
8. A n d be i t enacted Tha t t h e holder of any license to occupy Crown Lands as aforesaid shall m a k e or cause to be m a d e to t he Com missioner of t h e distr ict wherein the lands so occupied by h im or her shal l be s i tuated a repor t half-yearly on the first day of J a n u a r y a n d
| t h e f i r s t day of J u l y in every year according to t h e form | contained | in |
t h e Schedule he r eun to annexed marked A of all stock kep t upon t h e lands occupied by h im or her w i t h the names and descriptions and par t i cu la r b rands of t he respective propr ie tors A n d if any such licensed person shall fail or neglect to m a k e or cause to be made such a report, a t t he t ime so appointed for each and every half-year or shall know ingly m a k e any false s ta tements there in or shal l omit t o deposit t he same wi th t h e said Commissioner in m a n n e r hereby requi red or shall refuse to answer or wilfully give a false answer to any quest ion relative there to he or she shall on conviction of such offence before any t w o or more Jus t i ces of t he Peace other t h a n t h e said Commissioner forfeit and pay for every such offence a s u m no t less t h a n forty shil l ings nor exceeding one hund red pounds A n d no such licensed person nor h i s or he r overseer or manager shall keep any stock whatever belonging to any o ther person unless the same wi th t he n a m e and description of the pro pr ie tor and t h e par t icu la rs of such stock be repor ted to t h e Commis
| sioner of t h e distr ict in which the same shal l be depas tured | Provided |
however t h a t unless wi th t h e consent in wr i t ing of t h e said Commis- sioner first h a d and obtained no th ing here in conta ined shall be deemed to au thor ize any licensed person to keep stock of any unlicensed person who shall himself or herself reside wi th in t h e district where t h e same a re depas tured or in any adjoining district upon pa in of forfeiting on convict ion of e i ther of t he two last ment ioned offences before any
| one or more Jus t i ce or Jus t i ces of t he Peace a pena l ty | not | less | t h a n |
| one pound no r exceeding twen ty pounds . |
9. A n d be i t enacted Tha t for t h e protec t ion of the r igh t s of t he
Crown and for t h e m u t u a l protect ion and securi ty of all persons lawfully occupying resor t ing to or being upon the Crown L a n d s of th i s Colony i beyond the l imits al lot ted for location and for keeping the peace and main- t a in ing order and regu la r i ty amongs t t h e m and for t h e ad jus tment of differences between individuals respect ing t h e occupat ion of thei r respect ive s tat ions t h e Crown Lands of t h i s Colony adjacent to and beyond t h e l imits al lot ted for location as aforesaid shall be divided in to so m a n y districts and each district shall ex tend to and be com prised wi th in such boundar ies as t h e Governor shall from t ime to t i m e appoin t by any Proc lamat ion to be by h im made and publ ished in t h e Government Gazette and for each of such distr icts t he re shall be duly appoin ted by t h e Governor for t h e t ime being some fit and proper person be ing a Jus t i ce of t h e Peace who shal l be called t h e Com missioner of such distr ict and so m a n y m e n m o u n t e d armed and accoutred in such m a n n e r as shal l be appointed by t h e Governor as
and
a n d for a Border Police Force to be u n d e r t h e orders of and a t tached to t h e said Commissioner A n d if such Commissioner shal l hold any- stock or land in his own distr ict and i t shall be proved to t h e satisfac t ion of t h e Governor t h a t he has acted in any disputed case where in his own proper ty was concerned he shal l be thereby rendered incapable of hold ing t h e office of a Commissioner unde r th i s Act .
10. A n d be i t enacted T h a t i t shall be t he du ty of every Com missioner of a district t o be cons tant ly wi th in his distr ict except by t he permission of t h e Governor or w h e n unavoidably absent therefrom for t empora ry and necessary purposes in t h e performance of his du ty u n d e r th i s Ac t or unde r process of any competent Cour t in th i s Colony and h e shall keep t h e peace in his distr ict and protect all persons be ing there in in the i r persons a n d proper t ies and in the i r
j u s t r igh t s and privileges and for t h a t purpose he shal l m a k e peram bula t ions of h is dis tr ict and visit t h e several s ta t ions there in as occasion m a y requi re and as often as a n y compla in t shall be m a d e to h i m by any person licensed to occupy Crown lands as aforesaid t h a t any dispute has arisen he shal l be ing requi red so to do visi t such s ta t ion and enquire in to t h e m a t t e r of t h e said compla in t and shal l be ing there to requi red by the par t ies in dispute or e i ther of t h e m so to do by wr i t ing u n d e r the i r or e i ther of the i r hands hea r and finally de te rmine t h e m a t t e r of t h e said complaint and shal l also hear and de te rmine on all complaints between mas te r s a n d persons hired or employed by t h e m a n d shall m a k e such orders t he r eupon according to L a w as to h i m shall seem meet and shall enforce t h e execut ion thereof and upon the complaint of any licensed pa r ty or of h is or her overseer or manage r t h a t any person has encroached u p o n t h e s ta t ion or r u n of any such p a r t y t h e Commissioner of t he distr ict shall and m a y immediate ly proceed to enqui re on t h e spot in to t h e c i rcumstances of t h e case and if necessary to hear evidence on oa th t ouch ing t h e same and if i t shall appear t o t h e said Commissioner on view or by such evidence t h a t any such person has encroached upon the s ta t ion or r u n of any such pa r ty by t h e d e p a s t u r i n g , of stock or in any other m a n n e r cont rary to t h e established usage and pract ice of t h e Colony in any such case i t shal l be lawful for t h e said Commissioner to remove or cause to be removed from one place to another in t h e said distr ict t h e cat t le and sheep a n d servants of any licensed person so found and determined by the said Commissioner to be encroaching as aforesaid A n d the said Commis sioner shal l a n d may remove and drive away t h e cat t le and sheep of unl icensed persons wi th in his dis tr ict and impound t h e same in t h e
nearest pound wi th in t h e l imi t s of location A n d if any such licensed or unl icensed person or persons or his he r or t he i r servants shall resist t h e said Commissioner and preven t or endeavour to prevent h is so r emoving or causing to be removed such ca t t le or sheep so found to be encroaching or be ing t h e p roper ty of t he said or any other unl icensed person every such licensed person and likewise every such unlicensed person so offending shall forfeit and pay for every such offence a s u m no t less t h a n t w e n t y pounds nor more t h a n one h u n d r e d pounds to be recovered in a s u m m a r y way before t h e neares t Cour t of P e t t y Sessions two or more Jus t i ces o ther t h a n the said Commissioner
be ing present .
1 1 . A n d be it enacted T h a t whenever i t shal l be made t o appear to t h e satisfaction of any Commissioner upon t h e oath of one or more credible person or persons or whenever any Commissioner shall himself have j u s t cause to suspect t h a t any stolen sheep cat t le or horses are being driven or conducted or about to be driven or con ducted t h r o u g h his distr ict it shall be lawful for t h e said Commissioner immedia te ly to seize and detain or t o g ran t a wa r r an t for t he im
media te
mediate seizure and detent ion of such sheep cat t le or horses and t h e persons dr iv ing or conduct ing or about to drive or conduct t h e same unless t h e person or persons so dr iv ing or conduct ing or about to drive or conduct the same shall satisfactorily shew to t he said Commissioner t h a t the said sheep cat t le or horses are his he r or the i r own lawful p roper ty or t h e lawful proper ty of some other person or persons who has or have duly author ized h i m her or t h e m by wr i t ing unde r his he r or the i r h a n d or hands so to drive or conduct t h e same a n d in default of the i r so shewing as aforesaid i t shall be lawful for t he said Com missioner to s u m m o n the person or persons so m a k i n g oa th as afore said to appear before himself and some other Ju s t i ce or Jus t i ces w h o shal l reside in or nearest to his distr ict satisfactorily to prove to t h e m t h e fact of such sheep ca t t le or horses be ing stolen and on such satisfactory proof thereof t h e said Commissioner and Jus t i ce or Jus t i ces are hereby author ized and requi red to commit such person or persons so driving or conduct ing or about to drive or conduct such sheep cat t le or horses as aforesaid to any of H e r Majesty 's gaols which shal l be in or neares t to t h e said distr ict t he re to remain un t i l deal t wi th according to law as in such case made and provided and also to deal wi th t h e said stolen or suspected to be stolen sheep catt le or horses in l ike m a n n e r as is by law in such case m a d e and provided Provided however t h a t if any person or persons be ing so summoned as aforesaid shall neglect or refuse to appear wi thou t a reasonable excuse for such neglect or refusal to be allowed by t h e said Commissioner and Jus t i ce or Jus t i ces or appear ing shall refuse to be examined on oath or to give evidence touch ing t h e m a t t e r so depending before t h e said Commissioner and Jus t i ce or Jus t i ces t hen and in every such case every such person shal l forfeit and pay for every such offence a sum of not less t h a n t en pounds no r more t h a n one hund red pounds to be recovered in a s u m m a r y way before any two or more Jus t ices of t he Peace A n d provided also t h a t whenever it shall appear to t h e said Commissioner and Jus t i ce or Jus t ices t h a t t h e p a r t y or par t ies so m a k i n g oa th and, summoned as aforesaid h a d no j u s t or reasonable g round for suspect ing t h e said sheep cat t le or horses to be stolen t hen and in every such case i t shall be lawful for t he said Commissioner and Jus t i ce or Jus t ices to commit t he said person or persons for per jury and be ing convicted thereof he she or they shal l suffer t h e l ike pa ins and penal t ies and incur t he same disabilities as persons adjudged gui l ty of wilful and cor rup t per jury are by law subject to .
12. A n d be i t enacted Tha t i t shall and may be lawful for t he
Commissioner of any distr ict as aforesaid to appoint for t h e purposes of th i s Ac t one or more convenient place or places wi th in t h e same whereof one shal l be a t or near his fixed s ta t ion for a publ ic pound or pounds in t he said distr ict and also a fit a n d proper person to be t he keeper of such pound in such m a n n e r to all in ten t s and
| purposes | as Jus t ices assembled a t any Cour t of Pe t t y Sessions | holden |
| wi th in any district of t h e Colony or t h e major pa r t of t h e m | may |
| lawfully do | A n d the provisions of a cer ta in Act made and passed |
| b y t h e Governor of th is Colony w i t h t he advice of t h e | Legislat ive |
| Counci l i n t h e four th year of t h e re ign of H i s la te Majesty | K i n g | Wi l l i am |
| t h e F o u r t h in t i tu led " An Act to repeal | an Act of the Governor | and |
| " Council of New South | Wales | intituled | 'An | Act to authorize | the |
| " ' erection | of Pounds | and for | regulating | the impounding | of | Cattle |
" ' and to make further and other provisions in lieu thereof"" shall except as hereinafter provided be applicable to and applied respect ing all acts ma t t e r s and th ings re la t ing to pounds and pound keepers and cat t le t respassing in any district beyond t h e l imits of location as aforesaid so far as c i rcumstances will admi t Provided always t h a t all
acts
acts ma t t e r s and th ings in t h e said recited Ac t ment ioned which are author ized or requi red to he executed or done by o r by order of any Jus t ice or Jus t ices of t h e Peace or Clerk of P e t t y Sessions shall and m a y be executed and done respectively by or by order of t he Com missioner of any such district as aforesaid Provided never theless t h a t i t shal l no t be lawful to apply t h e provisions of t h e said reci ted Act in any p a r t of t h e Colony beyond t h e l imi ts al lotted for location as aforesaid except in such cases only a s m a y be expressly authorized and directed by the provisions of t h i s Act .
1 3 . A n d be i t enacted Tha t every person licensed to occupy lands in any such distr ict shall immediate ly after he shall t ake posses sion of or occupy any l ands in t h e said distr ict by himself or his ser van t s p repare or cause to be p repa red a repor t in t h e form conta ined in t h e Schedule he reun to annexed m a r k e d A conta in ing a l ist of t he names and descript ions of all persons employed by or res iding wi th h i m in t he said distr ict a n d a r e t u r n of all t he stock b r o u g h t by h i m to t h e same w i t h t h e o the r pa r t i cu la r s the re in specified to be delivered to t h e Commissioner of t he said district w h e n applied for by h i m ei ther personal ly or by any person deputed by h i m to receive t h e same and shall also notify or cause to be notified in wr i t ing on all occasions w h e n his s ta t ion m a y be visited b y the said Commissioner every change of persons on his es tabl ishment which shal l have t aken place upon pa in of forfeiting for every neglect to furnish such a repor t as aforesaid t h e s u m of five pounds and for n o t notifying any change of persons on his es tab l i shment t h e s u m of one pound .
14. A n d be i t enacted Tha t every person licensed to occupy lands as aforesaid shall have a separate and dist inct pe rmanen t b r and for cat t le a n d for horses and shall regis ter such b rands respectively w i t h t he Commissioner A n d i t shall a n d may be lawful for t he said Commissioner to m a k e order for any propr ie tor las t coming into his distr ict Whose proper b r a n d m a y be similar t o t h a t of a pr ior occupant there in to m a k e such a difference in his b r a n d as may be necessary to p reven t mi s t ake or confusion therefrom t h e par t icu la r change or
a l te ra t ion in such b r a n d to be de termined on b y t h e said propr ie tor
provided always t h a t i t shall mee t t he object required A n d if any person shall fail t o have such dist inct p e r m a n e n t b rands as aforesaid or to m a k e such difference a n d shall refuse or neglect to provide himself wi th such b rands or to m a k e such difference wi th in one m o n t h after receiving a not ice to t h a t effect unless fur ther t ime be given by the Commissioner u p o n reasonable cause shewn to t h e satisfaction of
pound no r more t h a n twen ty pounds . t he said Commissioner he shall forfeit and pay a sum not less t h a n one 15 . A n d be i t enacted T h a t i t shall and m a y be lawful for a n y such Commissioner or any person by his order a t and after t h e expira t ion of one year after th i s Ac t t a k i n g effect to collect and i m p o u n d
any u n b r a n d e d beasts in his dis tr ict above one year old a n d after t h e
expira t ion of twenty-one days to b r and and sell t h e same and t h e
proceeds thereof shal l be appropr ia ted to t h e genera l purposes of th i s
A c t Provided however t h a t if w i th in twenty-one days from and after t h e impound ing of such cat t le any person shall prove to t h e satisfac t ion of t he said Commissioner his r igh t of p roper ty in t he said cat t le a n d shal l immedia te ly b rand the same wi th his or he r registered b r a n d such beast or beasts shall be given u p on paymen t of a fine of
t e n shil l ings pe r head. 16. A n d whereas in order to defray t h e expenses of t h e pay m e n t of t h e salaries of t he said Commissioners and police officers necessary to car ry the objects aforesaid in to due execut ion it is expedient t h a t a n assessment should be raised and levied upon a n d off t he sheep cat t le and horses in t h e possession of t he person so licensed
as
as aforesaid to keep and depas ture t he same on lands s i tua ted wi thou t t he located pa r t s of t h e said Colony Be it therefore enacted T h a t from and after t h e said first day of J u l y one thousand eight hund red and a n d th i r t y -n ine the re shall he paid and levied in each and every half- year upon for and off t h e sheep cat t le and horses of every person depas tu r ing or keep ing the same u p o n any of t he Crown Lands of t he said Colony beyond t h e l imits al lot ted for location as aforesaid t he assessment following t h a t is to say for each and every r a m ewe wether and weaned l a m b the s u m of one half-penny and for each and every bu l l ox cow steer heifer and calf above t h e age of six m o n t h s t he sum of one p e n n y half-penny a n d for each and every horse gelding m a r e and foal above the age of six m o n t h s t h e s u m of three-pence which hal l -year ly assessments respectively shal l be paid to t h e Colonial Treasurer of t h e said Colony a t his office in Sydney (or to such other person or persons or a t such other place or places as may be appointed by t h e Governor) on or before t h e first day of Apr i l and the first day of Sep tember in each a n d every year commenc ing t h e first paymen t thereof on t he first day of September one thousand e ight hund red and th i r ty -n ine for t he half-year from t h e first day of J u l y of t h e same year to t he thirty-first day of December thence n e x t ensu ing provided always t h a t no aba tement shall be made from t h e assessment for any half-year as aforesaid for any stock removed a t any in te rmedia te period of such half-year nor shal l any increased assessment be chargeable for
any addi t ional stock in t roduced dur ing t h e same period. 17. A n d be i t enacted T h a t if any newly licensed person shall enter upon and occupy wi th his or he r stock any such vacan t Crown L a n d s beyond the l imits a l lot ted for locat ion as aforesaid a t any in te rmedia te period between the first clay of J a n u a r y and t h e first day of J u n e or t he first day of J u l y and t h e first day of December respectively in any year t h e person so for t h e first t ime occupying or in t roduc ing stock upon land shal l be l iable for t he full a m o u n t of the assessment for t he t h e n cur rent half-year and shall pay t h e same at t h e t ime hereinbefore appointed for p a y m e n t of t h e assessment for
such half-year or if t h a t t ime be t h e n pas t he or she shall pay t h e same wi th in one m o n t h after t he date of t h e service upon h i m or her of a not ice from t h e Commissioner of t h e distr ict r equ i r ing h i m or her t o pay such assessment b u t no such newly licensed person shall be l iable to any assessment for any cu r r en t half-year for s tock in t roduced upon l and for t h e first t ime occupied by h i m or her wi th in one m o n t h pr ior
to t h e t e rmina t ion of such, half-year.
18. A n d be i t enacted T h a t t he Commissioners in the i r respec
t ive dis t r ic ts shal l a t t h e beg inn ing of each and every half-year com menc ing on t h e first day of J a n u a r y and first day of J u l y respectively pro ceed to m a k e a n assessment of t he sheep catt le and horses depastured wi th in the i r dis t r ic ts and shall m a k e a r e t u r n thereof to t h e Colonial Treasurer of t h e said Colony or to such o ther person or persons as m a y be appointed as aforesaid in t h e form and conta in ing the
several par t i cu la rs set for th in t h e Schedule to th i s Ac t annexed m a r k e d wi th t he le t t e r B according to which r e t u r n t h e half-yearly assessment hereinbefore ment ioned shall be payable and be paid to t h e said Colonial Treasurer or to such o ther person or persons as may be appoin ted by the Governor to receive t he same on or before t h e respect ive days or t imes hereinbefore appointed for t he paymen t thereof A n d if a t any t ime between the commencement of any such half-year as aforesaid and t h e first day of J u n e or t h e first day of December t h e n respectively n e x t ensu ing any newly licensed person shall for t h e first t ime depas tu re sheep or cat t le or horses on any such vacan t Crown Lands as aforesaid t he Commissioner of t h e district shal l pro ceed to m a k e a n assessment upon the same and a r e t u r n thereof to
T—VOL. 2. t h e t he said Colonial Treasurer or o ther person or persons appoin ted as aforesaid in t h e same m a n n e r as t h e half-yearly r e t u r n aforesaid wh ich
assessment shall he pa id in t he m a n n e r and at t he t i m e hereinbefore appointed for the paymen t thereof. 19. A n d be i t enacted T h a t t he said several Commissioners in the i r respective dis tr icts shal l n o t less t h a n one calendar m o n t h previous to t h e said days or t imes hereinbefore appointed for t he pay m e n t of t h e said assessment cause a not ice in wr i t ing in t he form contained in t h e Schedule he reun to annexed marked C to be served upon the person or persons subject a n d liable to pay the same or to be left at the residence of such person (if w i th in t h e district) or w i th t h e super in tendent or person hav ing t h e charge of t he said sheep cat t le or horses if t h e owner or owners thereof shall no t reside wi th in t he said distr ict r equ i r i ng h im her or t h e m on a cer ta in day to be the re in s ta ted to pay t h e a m o u n t of the said assessment in t he said not ice ment ioned to t h e said Colonial Treasurer or other person appointed as aforesaid.
20. A n d be i t enac ted Tha t in case t h e sum ment ioned in t h e
said notice so served on any person or persons required to pay t h e same shall appear to such person or persons an overcharge or more t h a n he she or they is or are legally bound to pay such person or persons may appeal against such assessment to t h e neares t Bench of Magis t ra tes s i t t ing in Pe t ty Sessions Provided t h a t such person or persons shal l give to t he said Commissioner a not ice in wr i t i ng of such appeal a n d of t he g rounds thereof wi th in t en days after t he service as aforesaid of t he said not ice and shall also en te r in to a recognizance in double t h e a m o u n t of such assessment before t h e said Commissioner condit ioned personal ly to appear a t t h e said P e t t y Sessions on such day or days as shall be n a m e d the re in and to t r y such appeal and to abide t h e j u d g m e n t of t h e said Cour t of P e t t y Sessions a n d to pay such costs and expenses as shall be by t h e said Cour t awarded and any Jus t i ce or Jus t i ces s i t t ing in said P e t t y Sessions shal l hear and determine t h e m a t t e r of t he appeal and shal l m a k e such order the re in as to t h e said Cour t shall seem meet and in case of t h e dismissal of t h e appeal or t h e affirmance of t h e said assessment shal l order and adjudge t h e person or persons so appeal ing to pay t h e a m o u n t of such assessment to t h e Colonial Treasurer (or such o ther person or persons as m a y be appoin ted as aforesaid) and also such costs and expenses as may be awarded to t h e said Commissioner by t h e said Cour t wi th in t en days and if such costs and expenses be not pa id wi th in such t ime the said Cour t
shall and m a y issue a w a r r a n t or w a r r a n t s of distress to levy t h e a m o u n t of such costs and expenses by a distress and sale of a sufficient p a r t of t h e sheep cat t le or horses of the person or persons so appeal ing .
2 1 . A n d be i t enacted Tha t in case any person or persons so
liable to pay the said assessment and upon w h o m or upon whose super in t enden t or agent in t h e district such notice shall have been so served as aforesaid or in case any person or persons so adjudged to be l iable in payment of t he said assessment upon appeal as aforesaid shal l refuse or neglect to pay the same upon the day appointed by such not ice or wi th in t h e t ime appointed in cases of appeal as aforesaid as t he case m a y be it shall and may be lawful for t h e said Colonial Treasurer or other person or persons appointed as aforesaid after t he expira t ion of one week from t h e days or t imes so respectively appointed to direct t h e Commissioner in whose distr ict any person or persons so refusing or neglect ing to pay as aforesaid shall reside to cause a renewed not ice in t h e form conta ined in t he Schedule he reun to annexed marked D to be served upon each of the said persons charg ing t h e m to pay t h e a m o u n t which they are severally so liable to pay as afore
said together wi th an addit ional sum equal t o one-fifth p a r t of t h a t
for
for which they are so respectively liable by way of penal ty for such refusal or neglect and if any of t he said persons shal l fail so to do wi th in one calendar m o n t h after t he da te of service of such renewed notice it shal l be lawful for the said Colonial Treasurer or o ther person or persons appointed as aforesaid to direct the said Commis sioner to issue a w a r r a n t or wa r r an t s unde r his h a n d and seal directed to some one or more constable or constables of t h e distr ict to levy the a m o u n t of t he assessment and pena l ty aforesaid so due by a distress of a sufficient p a r t of t h e sheep cat t le or horses of t h e defaulter or defaul ters and such constable or con stables to Avhom such w a r r a n t or wa r r an t s shall be so directed is a n d arc hereby author ized unde r and by v i r tue thereof to d is t ra in t ake and drive to t he neares t pound wi th in such district sucli and so m a n y of the sheep cattle or horses of t h e p a r t y in said w a r r a n t ment ioned as shall be sufficient (when sold) to pay the a m o u n t of such assessment and penal ty and the costs a n d expenses of m a k i n g such distress and the payment of t he ma in tenance of such sheep cat t le or horses t i l l sold and t h a t w i th in twen ty days after such sheep cat t le or horses shal l have been so dis trained and lodged in pound as aforesaid t h e same (or a sufficient p a r t thereof) shall be sold a n d disposed of by publ ic auc t ion not ice of t he same being du r ing such period posted on t h e pound and also on such other publ ic place or places as t he Commissioner may for such purpose appoint (unless previous the re to t he said assessment pena l ty costs and expenses shall
| be paid) a n d t h e proceeds thereof shall be applied to t he paymen t | of |
t h e assessment pena l ty costs and expenses aforesaid and t h e surp lus (if any) shall be paid and r e tu rned to t he owner or super in tendent of t he said sheep cat t le or horses Provided however t h a t when such W a r r a n t shall be so issued as aforesaid in case t he Owner or supe r in t enden t of the sheep cat t le or horses so directed to be thereby dis t ra ined shal l pay or tender to t he constable or constables author ized to execute t h e same the amoun t of t he said assessment and penal ty the re in ment ioned then and in such case t h e said constable or con stables shall and are hereby author ized to accept and receive t he same a n d give a receipt or receipts for t h e money so received and to refrain from m a k i n g and execut ing t h e said distress.
22. A n d be i t enacted Tha t it shall and m a y be lawful for t h e
said Commissioner to charge and receive for a n d upon t h e decision of any disputed ques t ion repect ing t respass or encroachments upon a com
| pla in t made by any licensed occupier of Crown Lands a fee of five | pounds to be pa id by the p a r t y or par t ies agains t whom his decision |
| shall be made and he shall render an account of all sums of money so chargeable and received by h im and all assessments and penal t ies and all fines and forfeitures and expenses and costs payable and receivable by h i m unde r th i s Act Aerified by his solemn declarat ion in t he form contained in t h e Schedule he r eun to annexed marked E to t he Colonial Treasurer or other person or persons appointed as aforesaid quar te r ly on t h e first day of J a n u a r y t h e first day of Apr i l t he first day of J u l y and t h e first day of October in each year and shall at t h e same t ime pay over to t h e Colonial Treasurer or o ther person or persons ap pointed as aforesaid all sums so received by h im. |
23. A n d be i t enacted Tha t all penal t ies fines and forfeitures
incurred or imposed under th i s Ac t shall and m a y be sued for and recovered in a s u m m a r y way before t he said Commissioners respec t ively or any one or more Jus t i ce or Jus t i ces of t h e Peace (except as hereinbefore specially provided for) unde r and according to the; pro visions of an Ac t m a d e and passed by the Governor of New South Wales w i th the advice of t he Legislat ive Council thereof in the fifth year of
t h e
t he re ign of H i s la te Majesty K i n g Wi l l i am t h e F o u r t h in t i tu led " An Act to regulate summary proceedings before Justices of the Peace.'"
2 1 . A n d for t h e protec t ion of persons ac t ing in execution of
th i s Act Be i t enacted Tha t all actions for any t h i n g done u n d e r th i s Act shall be commenced wi th in six calendar m o n t h s after t h e fact was commit ted a n d no t otherwise a n d not ice in wr i t ing of such act ion and the cause thereof shall be given to t he defendant one calendar m o n t h a t least before t h e commencement of t he act ion and in every such action t he defendant m a y plead the genera l issue and give th is A c t and the special m a t t e r in evidence a t any t r i a l to be had the reupon and no plaintiff shall recover in any such act ion if t ender of sufficient amends shal l have been made before such act ion b r o u g h t or if a suffi cient s u m of money shal l have been paid in to Cour t after such action b rough t by or on behalf of t he defendant toge ther w i th costs incur red u p to t ha t t ime A n d if a verdict shal l pass for t he defendant or t h e plaintiff become nonsui ted or discont inue such action after issue joined or if upon demur re r or otherwise j u d g m e n t shal l be given against tin; plaintiff t he defendant shal l recover his full costs as between a t torney a n d client and have t h e l ike remedy for t he same as any defendant h a t h by law in o ther cases and a l though a verdict shall be given for t h e plaintiff in such action such plaintiff shall no t have costs agains t the defendant unless t he J u d g e before w h o m the t r ia l shall be shall certify his approbat ion of t h e act ion and of t h e verdict obta ined there upon.
25. A n d be i t enacted Tha t all sums of money payable unde r
and by v i r tue of th i s Act shal l be applied and appropr ia ted as far as m a y be necessary to t h e es tabl ishment ma in tenance and support of a Border Police consist ing of t h e Commissioner and so m a n y m o u n t e d and d ismounted m e n as shall from t ime to t ime be appointed by t h e Governor for the t ime be ing in every district adjacent to and beyond t h e l imits of location appoin ted as aforesaid for t h e m u t u a l protect ion and securi ty of all persons lawfully occupying or being upon the Crown L a n d s beyond the l imits a l lot ted for location and t h e residue thereof if any shall be re ta ined and appropr ia ted as requi red to the purposes of th is Act .
26. A n d be it enacted That no possession nor occupat ion of shal l be const rued to give any t i t le whatever agains t t h e Crown or
• any l and t a k e n or had unde r or by v i r tue of any license as aforesaid
to
a l ter in any respect t h e r igh t s of H e r Majesty H e r He i r s and Suc
cessors in respect to any such land.
27. A n d be it enacted Tha t no order j u d g m e n t nor o ther pro ceeding m a d e touch ing and concerning any of t he ma t t e r s aforesaid or t ouch ing and concerning the conviction of any Offender or offenders against th i s Act or Ordinance shal l be quashed or vacated for wan t of form only or be removed or removable by certiorari or any o ther wr i t or process whatsoever in to H e r Majesty 's Supreme Cour t of New
South Wales .
28. A n d be it enacted Tha t this Act shall commence and t akeeffect from and after t h e first day of J u l y one thousand e ight hund red and th i r ty -n ine and shal l cont inue in force un t i l t he first day of J u l y one thousand eight hund red and forty-one a n d t h a t from and after t h e th i r t i e th day of J u n e one thousand eight h u n d r e d and th i r ty -n ine t h e
said reci ted Ac t of t he Governor and Council in t i tu led " An Act to
" continue and amend an Act intituled ' An Act to restrain the
" unauthorized occupation of Crown Lands ' " shall be and the same is hereby repealed.
S C H E D U L E S
S C H E D U L E S R E F E R R E D TO.
S C H E D U L E A.
Firs t day of 18
HALF-YEARLY RETURN of the number of Persons employed or residing at and of the number and description of the Live Stock on the Licensed Station of Mr.
| called | situated | in the District of |
| adjacent to the County of | of which District |
Esquire is the Commissioner rendered in conformity with the provisions of the Act of the
Governor and Council 2 Victoria. No. 27.
1 2 3 4 5 6 7 8 9 10 j . . . s s s ng ng ng of of of s. s. s. or or
or Persons at Station. Stock on Station. et et
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TOTALS
| TOTALS | 51 | |
|
57 63
63
I do hereby certify upon oath if required that the above is a jus t and true Return .
Proprietor or Superintendent
(as the ease may be).
Nominal List of Persons referred to in the within Return. FREE PERSONS.
A. B Superintendent. C. D Shepherd. E . F His Wife. G. H His Son. BOND SERVANTS.
A. B Shepherd. C D Hut-keeper. E . F Stock-keeper. S C H E D U L E
S C H E D U L E B.
Firs t day of 18
HALF-YEARLY RETURN of Population and Live Stock in the District of situated
adjacent to the County of and bounded on the north by on the east by on the south by and on the west by of which district Esq. is the Commissioner together with a Statement of the Rates and Amount of Assessment chargeable on the said Live Stock under and in accordance with the provisions of the Act of the Governor and Council 2 Victoria No. 27 .
1 2 3 4 5 6 7 8 9 10 11 Persons at each
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Totals
S C H E D U L E C. District of
No.
Commissioner of Crown Lands' Office,
18
The Amount with which you are assessed for the half-year from first
to th i r t 18 under the provisions of the Act of the Governor and Council of New South Wales 2 Victoria No. 27 on the under-mentioned Stock depastured by you on Crown Lands in this District is as follows viz :—
. . . Horses . . . . . . . . . . . . . . . . . . . . . at 3d per head . . . Head of Cattle including calves above the age of 6 months at l 1/2 d per head . . . Sheep including weaned lambs . . . . . . . . . . . . at 1/2 d per head which said sum of pounds shillings and pence you are hereby required to pay to the Honorable the Colonial Treasurer at his office in Sydney (or
to at his office at as the case may be) within one calendar
month from the date of the delivery of this notice either to yourself or at your residence.Or if you consider yourself as having any jus t cause for appealing against the said assessment you will please to observe that such appeal must be lodged with me within ten days from the date of the delivery of this notice either to yourself or at your residence together with your recognizance in double the amount of the said assessment to prosecute the
said appeal As witness my hand at this day 18
Commissioner of Crown Lands.
To
Declares tha t he served the above
notice on the above named by delivering a t rue copy thereof to him (or by leaving the same at his usual place of residence as the case may be) on the
day of one thousand eight hundred and
A. B .
S C H E D U L E
S C H E D U L E D. District of
No
Commissioner of Grown Lands Office
18
Wi th reference to my notice dated the day of
last 18 and served upon you by delivery to you (or to
your superintendent or servant as the case may be) at your
| residence (or elseivhere as the case may be) on the | day of the said month of |
18 informing you that the sum with which you were
| assessed for the half-year from | first | to th i r t | 18 | under the |
provisions of the Act of the Governor and Council of New South Wales 2 Victoria No. 27
| on the stock therein mentioned was | pounds | shillings |
and pence and requiring you to pay the said sum to the Honorable the Colonial Treasurer at his office in Sydney (or other person appointed as the case may be) within one calendar month from the date of the service as aforesaid on you (or on
your as the case may be) of the said notice which sum you have failed so to pay I now give you notice that the said sum together with an additional sum equal to one-fifth part thereof by way of penalty for the default committed by you together
| amounting to the sum of | pounds | shillings and |
pence must be paid to the said Colonial Treasurer (or other person, appointed as the case may be) at his office in within one calendar month from the date of service of this notice with certification that if such payment is not so made the measures for the recovery of the same appointed by law will forthwith be adopted As witness my
| hand at | this | day of | 18 |
Commissioner of Crown Lands.
| To | _ _ _ _ _ _ |
}
Maketh oath that he served the above notice on the above named by delivering a true copy thereof to him (or by leaving the same at his usual place of residence as the case may be) on the day of one thousand eight hundred and
Sworn at
| the | day of | I | A | B |
one thousand eight hundred and I
before me /
S C H E D U L E E.
(or other person appointed by the Governor as the case may be) in pursuance of the said recited Act contains a full and true account of all sums of money received by me and all fines and forfeitures and costs and
I A. B . Commissioner of Crown Lands for the district of account herewith forwarded to the Colonial Treasurer
do solemnly declare and I make this solemn declaration conscientiously believing the same
to be true and by virtue of an Act passed in the second year of the reign of Her Majesty
Queen Victoria intituled " An Act further to restrain the unauthorized occupation of Crown
| expenses paid and received by me from the | day of |
| to the | day of | 18 | in virtue of my office of |
Commissioner under the said recited Act.
| District of | A. B . |
| (Nearest Post Town) | 18 | } | Commissioner of Crown Lands. |
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