| V I C T O R I A E | B E G I N A E . |
No. I.
An Act to amend and continue for five years an
| Act inti tuled " An Act further | to restrain | the |
| " unauthorized | occupation of Crown Lands and |
| " to provide the means of defraying | the expense |
| " of a Border Police | [23rd June, 1841.] |
| W H E R E A S | an A c t of t he Governor | a n d Council | of N e w South |
| W a l e s was passed in t h e second year | of t h e re ign | of Her |
| present Majesty Queen Victoria in t i tu led " An Act further | to | restrain |
| " the unauthorized | occupation of Crown Lands and to provide the |
| " means of defraying the expense of a Horder | Police" | and whereas |
| t h e said Ac t will expire | on t he th i r t i e th | day of J u n e | one thousand |
e ight h u n d r e d and forty-one and it is expedient to cont inue the same for a l imited period as hereinafter al tered and amended Be it therefore enacted by H i s Excel lency the Governor of N e w South Wales w i th t he advice of the Legislat ive Counci l thereof Tha t t he said reci ted Act shall be and t h e same is hereby fur ther cont inued for a period of five years from and after t he said t h i r t i e th day of J u n e one thousand e ight h u n d r e d a n d forty-one subject however t o t h e al tera t ions and amendmen t s hereinafter provided.
2. A n d be it enacted That no act ion at law shal l be b rough t in t h e Supreme Cour t or any Circui t Cour t of t he said Colony for any tres pass at any t ime commit ted or alleged to have been commit ted by any person by hav ing encroached upon t h e s ta t ion or r u n of any pa r ty in the occupation of Crown Lands beyond t h e l imits a l lot ted for location whe the r such occupat ion was merely on sufferance pr ior to t h e pass ing of t he said Ac t or by v i r tue of a license g ran ted ei ther before or after t he pass ing of tin; same un t i l t h e case shall have been heard and de termined by the Commissioner of the district in m a n n e r provided in the said reci ted Ac t and if any such action shall be b rough t in t he Supreme Cour t or any Circuit Cour t as aforesaid after such hear ing and de te rmina t ion and t h e verdict of t he j u r y or assessors as t h e case may be shall affirm t h e decision of t he Commissioner t h e J u d g e shall certify to t h a t effect and t he pa r ty in whose favour such certificate shall be granted shall be ent i t led to t reble costs and the certificate of t he Commissioner on proof of his handwr i t i ng the re to shall be deemed evidence of such decision.
| 3. A n d be it declared and enacted That i t shall be lawful for any Commissioner of Crown Lands or person ac t ing unde r his directions to i m p o u n d any cat t le found t respass ing upon any vacant Crown L a n d wi th in t he l imi ts a l lot ted for location whe ther such cat t le shall belong to or bo claimed by any person who m a y be in t h e unau thor ized occupat ion of any Crown L a n d cont rary to the provisions of the said recited Ac t or shal l have no apparen t owner and the same to drive or | cause |
cause to be dr iven to t h e neares t pound appointed unde r t h e provisions of an A c t of t he said Governor and Council of N e w South W a l e s passed in t h e four th year of t he re ign of H i s late Majesty K i n g W i l l i a m the 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 | " to be |
deal t w i t h as is provided in Like cases in t h e said Ac t as t he same is amended by an A c t passed in t h e four th year of t h e re ign of H e r said Majesty in t i tu led " An Act to amend an Act intituled ' 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 regu-
| " ' lating | the impounding | of Cattle | and to make further | and | other |
| " 'provisions | in lieu thereof | and to extend the provisions | thereof |
| a n d t h e t e r m ca t t le hereinbefore | used shal l | be deemed | to m e a n | t h e |
| several | and respect ive | an imals | inc luded wi th in | t h e opera t ion of | t h e |
| said recited A c t passed in the four th year of t h e re ign of H i s | la te |
| Majesty | K i n g | W i l l i a m | t h e | F o u r t h . |
| 4. A n d be i t enac ted Tha t | if in t he prosecut ion of any person |
for be ing in t h e unau tho r i zed occupat ion of Crown L a n d s con t ra ry to t he provisions of t he said recited A c t a quest ion shall arise whe the r such lands be or be no t t h e p rope r ty of t he Crown a n d i t become necessary on behalf of t h e Crown to employ a surveyor to de te rmine t he fact and a decision be given agains t t h e p a r t y unde r t he provisions of t h e said A c t such p a r t y shall be l iable in addi t ion to t h e pena l ty which m a y be imposed u n d e r t h e said A c t to pay double t he expenses a t t end ing such de te rmina t ion t h e same to be ascer ta ined and assessed by t h e Jus t i ces before w h o m the case shal l be hea rd and to be recovered in l ike m a n n e r as penal t ies are recoverable unde r t he said reci ted Ac t and t h e a m o u n t so recovered shall be applied first in paymen t of such expenses and t h e remainder to t h e use of H e r Majesty H e r H e i r s a n d Successors for t h e publ ic uses of t h e said Colony a n d in suppor t of
| t h e Governmen t | thereof. |
5. A n d whereas by t h e said first recited Ac t i t was amongs t o ther
t h i n g s enacted t h a t every person licensed to occupy Crown L a n d s beyond t h e l imits of location should have a separate and dist inct b r a n d for horses and cat t le and should regis ter such b rands respectively w i t h t h e Commissioner and t h a t i t should be lawful for t h e said Commissioner to m a k e order for any p ropr ie to r last coming in to his district whose proper b r a n d migh t 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 migh t be necessary | to p r even t |
| mi s t ake | or confusion | theref rom | the | pa r t i cu la r | change or a l te ra t ion | i n |
such b r a n d to be de termined on by t h e said propr ie tor provided t h a t i t should meet t he object requi red and t h a t if any person should fail to have such dist inct b r and as aforesaid or to m a k e such difference and should 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 notice to t h a t effect unless fur ther t ime should be given by t h e Commissioner u p o n reasonable cause shewn to t he satisfaction of t h e said Commissioner he should forfeit a n d pay a sum of no t less t h a n one pound nor more t h a n twen ty pounds A n d whereas by t h e said first reci ted A c t i t is also enacted t h a t it should and migh t be lawful for any such Commissioner or any person by his order a t and after t h e expi ra t ion of one year after t h e said A c t should t a k e effect t o collect and i m p o u n d any u n b r a n d e d beasts in his distr ict above one year old and after t he expi ra t ion of twenty-one days to b r and a n d sell t h e same and t h a t t h e proceeds
| thereof should be appropr ia ted to t h e genera l purposes of t h a t | A c t |
| Provided however t h a t if wi th in twenty-one clays from and after | t h e |
| i m p o u n d i n g of t h e said ca t t le any person should prove to the | satisfaction |
of
of t h e said Commissioner his r i gh t of p roper ty in t he said cat t le and should immedia te ly b r and t h e same wi th his or he r regis tered b r and such beast or beasts should be given u p on p a y m e n t of a fine of t en shi l l ings per head A n d whereas it is expedient to adopt s imilar provisions wi th in t h e l imits of locat ion Be i t enacted T h a t t h e said provisions shall be appl icable and applied accordingly "within t h e l imits of locat ion and t h a t t h e Commissioner for t he before- ment ioned purposes shall be t he Commissioner now or hereafter t o be appoin ted who shal l reside nearest to t he place where t h e horses or ca t t le shall be depas tured Provided always t h a t no u n b r a n d e d beasts
| shall be collected or sold unde r t he au tho r i t y of th i s Act | un t i l | t h e |
| expira t ion of twelve m o n t h s after t he same shall t a k e | effect. |
| 6. A n d whereas i t is provided by t h e said reci ted Ac t | t h a t |
persons shal l be subject t o cer ta in penal t ies who may be found occupy ing any Crown Lands wi th in t h e l imi ts of locat ion wi thou t ho ld ing a valid lease from t h e Governmen t of New Sou th W a l e s for t h e occupat ion of t he same and whereas t he i ssuing of leases has been found to be t roublesome and expensive and it is expedient to subs t i tu te in some cases annua l licenses in the i r stead Be i t therefore declared and enacted T h a t no person occupying Crown L a n d s wi th in the said l imi ts of location and hav ing a valid l icense for t h e occupat ion of t he same signed by t h e Treasurer for t he t ime be ing of t h e said Colony or such o ther officer or officers as t he Governor m a y appoin t shal l be l iable to any pena l ty unde r t h e said A c t as t h e same is cont inued and amended by th is Act for occupying such lands cont rary to t h e pro visions of t he said recited Ac t as so cont inued and amended .
7. A n d be it enacted Tha t t he penal t ies imposed by th is A c t shal l be recovered and applied a n d m a y be appealed against in t he same m a n n e r as is directed wi th respect to penal t ies recoverable unde r t h e said first reci ted Act .
| 8. A n d be i t enacted That th i s Ac t | shal l commence and t ake |
| effect from and after t h e t h i r t i e th | day of J u n e | one thousand | eight |
| h u n d r e d a n d forty-one and shall thenceforward | cont inue | in force for |